Epstein Secrets

ly-conferred rights. The cases cited by the Government all involve courts construing the terms of contracts written by private parties. E.g., In re Humana Inc. Managed Care litigation, 285 F.3d 971, 976 (11'" Cir. 200) (construing provision in arbitration clause entered into by patient with hospital); Bunco

both this CVRA action and the related civil suits. There is no concealment or unfairness that are the hallmarks for applying judicial estoppel. Cf. Burnes v. Pemco Aeroplex, Inc., 291 F.3d 1282 (11th Cir. 2002) (applying doctrine in circumstances showing deliberate concealment of assets). The Supreme Court has clearly held "

it works to [his] advantage [by establishing the claim] and repudiat[ing] it when it works to [his] disadvantage by requiring arbitration." In re Humana Inc. Managed Care Litigation 285 F.3d 971, 976 (11th Cir. 2002) rev'd on other grounds by PacifiCare Health Sys., Inc. v. Book, 538 U.S. 401 (2003), citi

ken by that party in a previous proceeding.' Judicial estoppel is an equitable concept intended to prevent the perversion of the judicial process." Burnes v. Pemco Aeroplex, Inc. 291 F.3d 1282, 1285 (11th Cir. 2002) (citation omitted). Judicial estoppel prohibits "parties from deliberately changing positions according to the

ing on those arguments because they "relate only to the remedy." (DE 435:32). 49 EFTA00299069 it when it works to [his] disadvantage .. ." In re Humana Inc. Managed Care Litigation, 285 F.3d 971, 976 (11th Cir. 2002), rev'd on other grounds, PacifiCare Health Sys., Inc. v. Book, 538 U.S. 401 (2003), quo

el precludes a party from "asserting a claim in a legal proceeding that is inconsistent with a claim taken by that party in a previous proceeding." Burnes v. Pemco Aeroplex, Inc., 291 F.3d 1282, 1285 (11th Cir. 2002), overruled in part, Slater v. United States Steel Corp., 871 F.3d 1174, 1176-77 (11th Cir. 2017). It is "an e