Epstein Secrets

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

rdict for that party. If the evidence is merely colorable, or is not significantly probative, summary judgment may be granted." Anderson v. Liberty Lobby, Inc., 477 U.S. 242, 250, 106 S. Ct. 2505, 2511 (1986) (internal citations omitted). 3 EFTA00799827 Case 9:08-cv-80736-KAM Document 408 Entered on FLS

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

rdict for that party. If the evidence is merely colorable, or is not significantly probative, summary judgment may be granted." Anderson v. Liberty Lobby, Inc., 477 U.S. 242, 250, 106 S. Ct. 2505, 2511 (1986) (internal citations omitted). 3 EFTA00591464 Case 9:08-cv-80736-KAM Document 401-2 Entered on F

respect the bishop of the diocese. Id In Fortin v. The Roman Catholic Bish- op of Portland, 871 A2d 1208 (Me.2005). the Supreme Judicial Court of Maine held that a victim of child sexual abuse perpe- trated by a priest could pursue a breach of fiduciary duty claim against the diocese, finding that

l if proof of its existence or nonexistence might affect the outcome of the suit under the applicable substantive law. See Anderson v. Liberty Lobby, Inc., 477 U.S. 242, 248, 106 S.Ct. 2505. 91 L.Ed2d 202 (1986). Where there is no material fact in dis- pute, the moving party need only establish that