Doctrine of Judicial Estoppel Key to Successful Defense
2005

By: Matthew B. Kogan

In Lambert v. Tannenbaum Associates, LLP, O&B successfully argued that a plaintiff involved in a bankruptcy proceeding had failed to disclose the pending lawsuit to the Bankruptcy Court and her creditors. Accordingly, we argued, and the court agreed, that plaintiff's cause of action against Tannenbaum could not lie because (1) the doctrine of judicial estoppel prevents a party from advancing contradictory factual positions in separate legal proceedings and (2) plaintiff lacked standing to commence and prosecute the pending action as that right had vested in the bankruptcy trustee.

Matthew Kogan represented O&B client Tannenbaum Associates, LLP.