Tag Archives: Abuse of Discretion

Sixth Circuit Continues with Minority of Circuits in Applying De Novo Standard of Review to Application of Judicial Estoppel

          The Sixth Circuit in Javery v. Lucent Technologies Inc. has declined to address the continuing viability of the de novo standard for judicial estoppel.  While the Javery Court recognized that the Supreme Court characterizes judicial estoppel as an equitable remedy invoked by the court at its discretion and that the majority of federal courts review for abuse … Continue Reading

Will the Court Review Recent Daubert Decision En Banc?

Counsel for plaintiffs in the Tamraz v. Lincoln Electric Company (pdf) has filed a petition for en banc review of the Court’s recent reversal of his $20.5 million verdict.  In their petition, the plaintiffs claim that the majority (1) did not properly apply an abuse of discretion standard to the trial judge’s decision to admit the expert testimony at issue, … Continue Reading