![]() Moreover, there are three notable tips regarding the application of the doctrine of judicial estoppel. Because the plaintiff presented distinct positions during the judicial proceedings, the court used its discretion and determined that the doctrine of judicial estoppel was applicable. But in his legal-malpractice claim, the plaintiff contended that the settlement was less favorable than it could have been because his claims were time-barred. ![]() In the underlying litigation, the plaintiff reached a settlement in which he contended that his claims were not time-barred. District Court for the Middle District of Tennessee, the court found that the doctrine of judicial estoppel applied to the plaintiff’s legal-malpractice claims against his former law firm.
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