35 Cited authorities

New Hampshire v. Maine
532 U.S. 742 (2001) Cited 4,542 times 17 Legal Analyses
Holding that under the doctrine of judicial estoppel, “New Hampshire is equitably barred from asserting—contrary to its position in the 1970's litigation—that the inland Piscataqua River boundary runs along the Maine shore”
Robinson v. Johnson
313 F.3d 128 (3d Cir. 2002) Cited 1,635 times
Holding that affirmative defenses must be pleaded in the answer or "raised at the earliest practicable moment"
S. Cross Overseas Agencies, Inc. v. Wah Kwong Shipping Grp. Ltd.
181 F.3d 410 (3d Cir. 1999) Cited 1,018 times
Holding a court may "properly" resolve a 12(b) motion by "look[ing] at public records, including judicial proceedings, in addition to the allegations in the complaint."
U.S. v. Pelullo
399 F.3d 197 (3d Cir. 2005) Cited 541 times
Holding that no "cause" exists under Banks if the prosecution is unaware of the evidence
Fine v. Checcio
582 Pa. 253 (Pa. 2005) Cited 539 times
Holding a cause of action accrues when the plaintiff could have "first maintained the action to a successful conclusion"
Bruno v. Erie Ins. Co.
106 A.3d 48 (Pa. 2014) Cited 385 times 4 Legal Analyses
Holding that the claim was not barred, in part, because it was not founded on the breach of any specific executory promise contained in the contract
Precision Co. v. Automotive Co.
324 U.S. 806 (1945) Cited 1,062 times 9 Legal Analyses
Holding that clean-hands doctrine "presupposes [a court of equity's] refusal ... to be the ‘abetter of iniquity’ " (quoting Bein v. Heath , 47 U.S. 228, 247, 6 How. 228, 12 L.Ed. 416 (1848) )
Montrose Medical Group v. Bulgar
243 F.3d 773 (3d Cir. 2001) Cited 344 times
Holding that judicial estoppel is not appropriate where "the initial claim was never accepted or adopted by a court or agency"
In re Mushroom Transp. Co., Inc.
382 F.3d 325 (3d Cir. 2004) Cited 172 times
Holding that factual determinations on whether a plaintiff is entitled to equitable tolling are within the jury's province
Guy v. Liederbach
501 Pa. 47 (Pa. 1983) Cited 309 times 2 Legal Analyses
Holding that plaintiff is a third party beneficiary when it is clear that promisee intends to give beneficiary the benefit of the promised performance

NUPSON v. SCHNADER HARRISON SEGAL & LEWIS, LLP et al

35 Cited authorities

Holding that under the doctrine of judicial estoppel, “New Hampshire is equitably barred from asserting—contrary to its position in the 1970's litigation—that the inland Piscataqua River boundary runs along the Maine shore”

Holding that affirmative defenses must be pleaded in the answer or "raised at the earliest practicable moment"

Holding a court may "properly" resolve a 12(b) motion by "look[ing] at public records, including judicial proceedings, in addition to the allegations in the complaint."

Holding that no "cause" exists under Banks if the prosecution is unaware of the evidence

Holding a cause of action accrues when the plaintiff could have "first maintained the action to a successful conclusion"

Holding that the claim was not barred, in part, because it was not founded on the breach of any specific executory promise contained in the contract

Holding that clean-hands doctrine "presupposes [a court of equity's] refusal ... to be the ‘abetter of iniquity’ " (quoting Bein v. Heath , 47 U.S. 228, 247, 6 How. 228, 12 L.Ed. 416 (1848) )

Holding that judicial estoppel is not appropriate where "the initial claim was never accepted or adopted by a court or agency"

Holding that factual determinations on whether a plaintiff is entitled to equitable tolling are within the jury's province

Holding that plaintiff is a third party beneficiary when it is clear that promisee intends to give beneficiary the benefit of the promised performance