TBA Law Blog


Posted by: Stacey Shrader Joslin on Sep 18, 2019

The Tennessee Supreme Court today reversed a trial court’s dismissal of a legal malpractice claim against a Davidson County attorney, holding that sworn statements the plaintiff made in her divorce settlement agreement did not directly contradict sworn statements she made in a malpractice lawsuit. The court found that judicial estoppel (prohibiting a party from swearing to a fact in one lawsuit and then swearing to a contradictory fact in a second lawsuit) applies only to directly conflicting sworn statements about facts, such as “the stoplight was red” or “the stoplight was green.” It held that judicial estoppel did not apply in this case. Download the opinion.

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