11th Circuit Applies Totality-of-the-Circumstance Analysis to Judici...

11th Circuit Applies Totality-of-the-Circumstance Analysis to Judicial Estoppel
Lexology
In Barger and Burnes, the Court endorsed an inference that a plaintiff's claims are barred by judicial estoppel, without the defendant having to prove the plaintiff's intent to mislead the court, when the plaintiff fails to disclose a lawsuit in a ...