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00299070 process," id., which prohibits "parties from deliberately changing positions according to the exigencies of the moment." New Hampshire v. Maine, 532 U.S. 742, 749-50 (2001). "Stated simply, the doctrine of judicial estoppel rests on the principle that "absent any good explanation, a party s
nce value, the Government's 42 EFTA00299062 enforcement priorities, and the case's relationship to the Government's overall enforcement plan..." Wayte v. United States, 470 U.S. 598, 607 (1985). As such, the decision to prosecute is "particularly ill-suited to judicial review." Id. "Few subjects ar
ervices B. Y., 818 F.3d 733, 741 (D.C.Cir. 2016), quoting Newman v United States, 382 F.2d 479, 480 (D.C.Cir. 1967). As the Supreme Court noted in Wayte, "[j]udicial supervision in this area, moreover, entails systemic costs of particular concern. Examining the basis of a prosecution delays the crim
on omitted). Judicial estoppel prohibits "parties from deliberately changing positions according to the exigencies of the moment." New Hampshire v. Maine, 532 U.S. 742, 749-50 (2001). The Eleventh Circuit has identified three factors to be considered in determining whether to apply the equitable doct
ment's enforcement policy. All these are substantial concerns that make the courts properly hesitant to examine the decision whether to prosecute. Wayte v. United States, 470 U.S. 598, 607-08 (1985); see also Fokker, 818 F.3d at 737-738 (noting the long-settled understandings about the independence o
on omitted). Judicial estoppel prohibits "parties from deliberately changing positions according to the exigencies of the moment." New Hampshire v. Maine, 532 U.S. 742, 749-50 (2001). The Eleventh Circuit has identified three factors to be considered in determining whether to apply the equitable doct
ment's enforcement policy. All these are substantial concerns that make the courts properly hesitant to examine the decision whether to prosecute. Wayte v. United States, 470 U.S. 598, 607-08 (1985); see also Fokker, 818 F.3d at 737-738 (noting the long-settled understandings about the independence o
astern U.S. A Navy engineer is assigned as the Navy's technical representative on a task order for remediation of an oil spill at a Navy activity in Maine. The Navy engineer is personally and substantially involved in the task order (e.g., he negotiates the scope of work, the labor hours required, and
is constitutional responsibility to `take Care that the Laws be faithfully executed.'" United States v. Armstrong, 517 U.S. 456, 464 (1996) (quoting Wayte v. Untied States, 470 U.S. 598, 607 (1985); quoting U.S. Const., Art. II § 3; citing 28 U.S.C. §§ 516, 547). This broad discretion rests largely on
Entities connected to both Maine and Wayte

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