7th Circ. Affirms Toss Of $17M Mayer Brown Malpractice Suit

Law360, New York (June 21, 2013, 6:21 PM EDT) -- The Seventh Circuit on Friday upheld the toss of a $17 million malpractice suit against Mayer Brown LLP stemming from a bankrupt health care management services company's financing deal gone awry, holding that the doctrine of judicial estoppel is flexible and doesn't lend itself to rigid rules.

A three-judge panel for the appeals court rejected CMGT Inc.'s bankruptcy trustee's argument that in tossing the suit, the district court wrongly applied judicial estoppel by attributing litigation positions to the estate that were previously taken by Spehar Capital...
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