United States Eighth Circuit

In a products liability action, district court erred in invoking the doctrine of judicial estoppel and construing a motion for an order to show cause as a motion for summary judgment, and plaintiffs were deprived of the opportunity to present evidence of causation.

Appellate Information

• Decided 10/22/2002
• Published 10/22/2002

Judges

• MORRIS SHEPPARD ARNOLD, Circuit Judge., Before McMILLIAN and MORRIS SHEPPARD ARNOLD, Circuit Judges, and BOGUE, District Judge.

Court

• United States Eighth Circuit

Counsel

• For Appellant:
  
• Ellen Relkin, argued, New York City (Frederick W. Drakesmith, on the brief), for appellant.


• For Appellees:
  
• Eric G. Lasker, argued, Washington, DC (Deirdre C. Gallagher, Joe G. Hollingsworth and Katharine R. Latimer, on the brief), for appellee.