Judicial Estoppel Motion Guide

Summary

Judicial estoppel prevents a party from taking a different position in a lawsuit than in a prior proceeding if it harms the judicial process. To apply it, assess if Bank of N.Y. Mellon took a contradictory stance in the previous settlement, if the court accepted it, and if Alton would face unfair detriment. A motion template was provided to invoke judicial estoppel, emphasizing the need for consistency in legal positions. Consider consulting a local attorney for personalized advice.

Full Conversation

By this slip judgement isnt it proving that they were saying that these trusts were illegal?
To clarify, judicial estoppel can be complex. In your case, it's essential to evaluate whether Bank of N.Y. Mellon's position now contradicts their previous stance and if the court accepted it.
Would you like to connect with a local lawyer in Massachusetts who can provide more detailed advice? They can help determine if judicial estoppel applies to your situation.
can you darft a motion citing judicial estoppell in this case.
Sure, I can help you draft a motion citing judicial estoppel. Here's a basic template you can use:
---
SUPREME COURT OF THE STATE OF NEW YORK COUNTY OF NEW YORK: PART *
In re Bank of N.Y. Mellon, * N.Y. Slip Op. *
Decided Mar *, *
Petitioner:
The Bank of New York Mellon
Respondent:
[Your Name/Client's Name]
MOTION TO INVOKE JUDICIAL ESTOPPEL
I. Introduction
Petitioner, [Your Name/Client's Name], respectfully submits this motion to invoke the doctrine of judicial estoppel against the Bank of New York Mellon ("BNY Mellon"). This motion is based on the premise that BNY Mellon is now taking a position that contradicts the stance it took in a prior proceeding, specifically in the case where BNY Mellon sought judicial instructions on the distribution of a $*.* billion settlement payment.
II. Background
*. In the prior case, BNY Mellon sought judicial instructions on distributing a portion of the $*.* billion settlement payment as trustee of * residential mortgage-backed securities trusts ("the Covered Trusts").
*. The court issued a slip opinion on March *, * (* N.Y. Slip Op. *), which BNY Mellon accepted, indicating that certain trusts, including Alton, were part of the settlement.
*. BNY Mellon is now suing [Your Name/Client's Name], asserting that the loan in question is enforceable despite the previous settlement.
III. Argument
Judicial estoppel should apply in this case because:
*. Contradictory Position: BNY Mellon’s current position that the loan is enforceable contradicts the stance they took in the prior settlement proceedings.
*. Court Acceptance: The court accepted BNY Mellon's previous position in the settlement, as evidenced by the issuance of the slip opinion.
*. Unfair Detriment: Allowing BNY Mellon to change its position would unfairly prejudice [Your Name/Client's Name], who relied on the initial settlement's terms and the court's acceptance of those terms.
IV. Conclusion
For the reasons stated above, Petitioner respectfully requests that the Court invoke the doctrine of judicial estoppel to prevent BNY Mellon from asserting that the loan is enforceable in contradiction to their previous position.
Respectfully submitted,
[Your Name/Client's Name]
[Your Address]
[City, State, Zip Code]
[Phone Number]
[Email Address]
---
Please review and adjust this draft as needed to fit your specific details and legal standards. If you need further assistance, consider consulting with a local attorney in Massachusetts.