has three elements that must be satisfied before it can be properly applied; however, if applicable, it has a preclusive effect on issues "actually litigated" in prior proceedings.
The doctrine of proprietary estoppel
applies where someone acts to their detriment in reliance on a promise made to them.
New decisions by courts and Board judges at the USPTO now provide some blaze marks on the limits of estoppel
and when it kicks in.
The district court reasoned that because a petitioner cannot base an IPR on a machine -- a machine is neither a patent or printed publication -- no estoppel
The IRS argued that it was not a party to the state court action between Burns and Blagaich and was not in privity with either of them, so collateral estoppel
did not bar it from maintaining that the cash and property that the state court held were gifts were not gifts.
In Rinker, the Florida Supreme Court articulated the basis for imposing an equitable lien under the theory of equitable estoppel
: "[A] party may successfully maintain a suit under the theory of equitable estoppel
only where there is proof of fraud, misrepresentation, or other affirmative deception.
Brereton J summarised the relevant principles relating to equitable estoppel
and said the following at paragraphs 27-32 of the judgment:
The Causes of Action asserted against the named counter-defendants include Misappropriation of Trade Secrets, Abuse of Process, Conversion, Intentional Interference with Contractual Relations, Intentional Interference with Prospective Business Relations, Unfair Competition, Deceptive Trade Practices, Breach of Contract - Transfer of License, Breach of the Covenant of Good Faith and Fair Dealing - Transfer of License, Fraud, Promissory Estoppel
- Transfer of License, Unjust Enrichment - Transfer of License, Breach of Contract - Settlement Agreement, Breach of the Covenant of Good Faith and Fair Dealing - Settlement Agreement, Promissory Estoppel
- Settlement Agreement, Unjust Enrichment - Settlement Agreement, Civil Conspiracy, and Declaratory Judgment.
Unlike with a traditional benefits claim against a qualified plan under ERISA Section 502(a)(1)(B), Gwin had permitted the plaintiff to assert common law claims of equitable and promissory estoppel
under ERISA's catch-all provision in Section 502(a)(3).
Requiring both elements in the arbitration context--an intent to act inconsistently with the right to arbitrate as well as prejudice--combines the elements of waiver and estoppel
into a single doctrine, thus erecting two hurdles to finding a waiver rather than one.
It covers the definition of land, the transfer and creation of rights in land, the 1925 legislation and the transfer of rights in unregistered land, the registration of title, the informal creation of rights in land, proprietary estoppel
, licenses, co-ownership and trusts, easements, covenants, mortgages, leases, and adverse possession.
This decision may create a binding collateral estoppel
effect, which would preclude counsel from relitigating the issue.
COMPANY, FIFTH CIRCUIT HOLDS THAT JUDICIAL ESTOPPEL
IS APPROPRIATE AND DISCOVERY SHOULD BE MADE AVAILABLE UNDER SECTION 1782 FOR USE IN ARBITRATION; CHEVRON, OPPOSING THE SECTION 1782 DISCOVERY, HAD PREVIOUSLY ARGUED THAT THE ARBITRATION IS IN FACT AN "INTERNATIONAL TRIBUNAL" AND BENEFITTED FROM THE RESULTS, BUT IN THIS CASE ARGUED THE OPPOSITE, THAT THE ARBITRATION IS NOT SUCH A "FOREIGN OR INTERNATIONAL TRIBUNAL"
A jury found the agent liable under negligence and promissory estoppel
theories, holding the agent responsible for $1,095.
CONTENTS I Introduction II The Unconscionable Dealings Doctrine III Undue Influence IV Australian Fiduciary Law V Estoppel
in Equity VI The Constructive Trust VII The Statutory Context VIII Conclusion