judicial estoppel Archives - Medical Malpractice Lawyers

D.C. Appellate Court Affirms Dismissal Of Medical Malpractice Case Not Disclosed In Bankruptcy Proceeding

October 14, 2021

The District of Columbia Court of Appeals (“D.C. Appellate Court”) held in its opinion dated September 16, 2021: “the invocation of the doctrine of judicial estoppel arose from appellants’ failure to disclose their malpractice claim as a potential asset in their bankruptcy petiti[...]

Virginia Supreme Court Holds Election Of Remedy Rule Did Not Preclude Virginia Medical Malpractice Wrongful Death Lawsuit

July 17, 2020

The Virginia Supreme Court stated in its opinion dated June 3, 2020 in a case where the trial court in Virginia had dismissed a Virginia wrongful death lawsuit against Virginia medical providers on the basis that the plaintiff had received a personal injury settlement against Kentucky medical provid[...]

New Hampshire Supreme Court Revives Medical Malpractice Case That Had Been Dismissed Due To Judicial Estoppel

January 20, 2019

In its opinion filed on December 21, 2018, the Supreme Court of New Hampshire (“New Hampshire Supreme Court”) held: “the trial court erred in dismissing the medical malpractice claim against the defendants on the basis of judicial estoppel. That claim belongs to the bankruptcy esta[...]

Indiana Appellate Court Discusses Effect Of Bankruptcy On Medical Malpractice Claim

March 25, 2016

In its decision filed on February 19, 2016, the Court of Appeals of Indiana (“Appellate Court”) ruled in an Indiana medical malpractice case that where the bankruptcy trustee had re-opened the injured party’s bankruptcy case to amend the bankruptcy filing to include the medical mal[...]

Tag: judicial estoppel

D.C. Appellate Court Affirms Dismissal Of Medical Malpractice Case Not Disclosed In Bankruptcy Proceeding

Virginia Supreme Court Holds Election Of Remedy Rule Did Not Preclude Virginia Medical Malpractice Wrongful Death Lawsuit

New Hampshire Supreme Court Revives Medical Malpractice Case That Had Been Dismissed Due To Judicial Estoppel

Indiana Appellate Court Discusses Effect Of Bankruptcy On Medical Malpractice Claim

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