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Cases cited for the legal proposition you have searched for.

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1

.... 507 (1937). "Under quasi-estoppel doctrine, one is not permitted to injure another by taking a position inconsistent with prior conduct, regardless of whether the person had actually relied upon.... Similarly, in Mayer v. Mayer, the Court of Appeals, relying in part on this Court's decision in McIntyre, applied a quasi-estoppel doctrine to bar a husband from asserting as a...validity of the foreign divorce, the Court of Appeals noted that "in spite of the criticism that the application of a quasi-estoppel doctrine circumvents a state's divorce law, it would be even more...


Court: Supreme Court of North Carolina
Date: Dec 1, 1987 Cited By: 14 Coram: 1
2

...." 2. Whether the trial court erred in refusing to apply the doctrine of "quasi-estoppel" to estop Mr. Hibler from arguing that his S corporation income was not required to be reported as...income." C. Quasi-Estoppel Doctrine Metro contends that the trial court erred by refusing to apply the...doctrine of "quasi-estoppel" to disallow Mr. Hibler from arguing that the S corporation draws were not earned income because he classified the portion of S corporation profits allocated to him for federal...


Court: Court of Appeals of Tennessee, at Nashville.
Date: Aug 28, 2007 Cited By: 0
3

...invalid divorce decree. The estoppel doctrine upon which the Rediker court relied, which is known as "quasi estoppel," " ‘is based upon the principle that one cannot blow...where an individual previously took a position that the divorce was valid and subsequently takes the position that the divorce is invalid. We can find no support for extending quasi-estoppel to a person who was not a party to the divorce proceeding, did not procure or aid in procuring the divorce decree, and did not have full knowledge of the circumstances under which the divorce decree was obtained. Although there are numerous cases applying the doctrine of...Nevada decree fell squarely within the scope of the quasi-estoppel doctrine. In Dietrich , the second husband was aware of all of the circumstances under which the wife had...


Court: Court of Appeal, Sixth District, California.
Date: Oct 6, 2017 Cited By: 1 Coram: 1
4

...quasi-estoppel doctrine, reasonably relied on the oral statements made at the June 2001 meeting. The Smiths then moved to amend their answer to add counterclaims for breach of oral...Smiths incorrectly assert that the district court erred in finding that they failed to illustrate a genuine issue of material fact regarding their quasi-estoppel claim. The doctrine of quasi-estoppel "prevents a party from asserting a right, to the detriment of another party, which is inconsistent with a position previously taken." C G, Inc. v. Canyon Highway Dist. No. 4, 139 Idaho 140, 144, 75 P.3d 194, 198 (2003). This doctrine applies...contract, fraud, and promissory estoppel. This motion was denied. Subsequently, both the Smiths and the Respondents filed a motion for summary judgment regarding the issue of quasi-estoppel. In...


Court: Supreme Court of Idaho.
Date: May 25, 2006 Cited By: 20
5

...with the obligation. The Plaintiff contends that the Debtor is precluded from taking a position that the $1,539.00 obligation is anything other than alimony by virtue of the doctrine of quasi-estoppel. The doctrine of...quasi-estoppel "forbids a party from accepting the benefits of a transaction or statute and then subsequently taking an inconsistent position to avoid the corresponding obligations or effects." Davidson v. Davidson (In re Davidson), 947 F.2d 1294, 1297 (5th Cir. 1991). This doctrine has...quasi-estoppel conflicts with the bankruptcy court's obligation to look behind the form of the agreement, including the labels attached to the transaction by the parties in state court, to determine the true intent of the parties. Id. Second, the court noted that the doctrine of...


Court: United States Bankruptcy Court, E.D. Tennessee
Date: Jan 14, 1998 Cited By: 14
6

...Krause v. Krause, 282 N.Y. 355, supra, decided under the quasi-estoppel doctrine). Hynes v. Title Guarantee Trust Co.... In giving effect to the rule of estoppel, the New York courts have necessarily followed a doctrine which, in the language of Chief Justice WHITE in Andrews v. Andrews...binding on the parties before the court of the sister State in matrimonial actions on a principle in the nature of estoppel ( Krause v...


Court: Appellate Division of the Supreme Court of New York, First Department.
Date: Mar 21, 1947 Cited By: 16 Coram: 1
7

...application of a quasi-estoppel doctrine circumvents a state's divorce law, it would be even more inimical to our law and to our public policy, to permit Victor Mayer to avoid his marital obligations by...acting inconsistently with his prior conduct. Under quasi-estoppel doctrine, one is not permitted to injure another by taking a position inconsistent with prior conduct, regardless...). The development of a quasi-estoppel doctrine is reflected in the Restatement (Second) Conflict of Laws 74 (1971), which states that "[a] person may be precluded from attacking the...


Court: North Carolina Court of Appeals
Date: Feb 1, 1984 Cited By: 30 Coram: 1
8

.... Id. at 724. In the present case, the Debtor urges us to follow Sampson and refuse to apply the quasi-estoppel doctrine. We decline to do so. However, even if we were...Payments to his ex-wife as alimony on his income tax returns, thereby deducting these payments from his taxable income. Faced with similar facts, several courts have held that the doctrine of quasi...); In re Robinson, 122 B.R. 502, 506 (Bankr.W.D.Tx. 1990). These courts reason that "quasi-estoppel forbids a party from accepting the benefits of a transaction or statute and...


Court: United States Court of Appeals, Fourth Circuit.
Date: May 6, 1994 Cited By: 58 Coram: 1
9

... Winskunas v. Birnbaum, 23 F.3d 1264, 1267-68 (7th Cir. 1994)). Quasi-estoppel Dolores contends that Herbert is barred under the doctrine of...alimony for tax purposes. Both courts applied the doctrine of quasi-estoppel to find that the debtors were estopped from discharging their financial obligations to their former wives as property settlements...Ninth Circuit BAP in In re Kritt, 190 B.R. 382 (B.A.P. 9th Cir. 1995), in which the court refused to apply the quasi-estoppel doctrine in...


Court: United States Bankruptcy Court, N.D. Illinois, Eastern Division
Date: Aug 2, 2001 Cited By: 8
10

...) must be interpreted as having enunciated a new and broader principle, in cases primarily involving marital status the doctrine of quasi-estoppel appears to have been applied only to the extent of...power, could apply the doctrine of quasi-estoppel against respondent on the issue of jurisdiction. (But see Campbell v. Campbell, 164 Misc.... Whether or not that quasi-estoppel doctrine could be applied in this court of limited jurisdiction, as a matter of public policy, upon such a state of facts on all fours with Krause v...


Court: Domestic Relations Court of New York, Family Court Division, Bronx County.
Date: Jun 28, 1940 Cited By: 9 Coram: 1
11

...failed to do so when sentenced as a third offender under the Boggs Act. I am, however, of the view that this quasi-estoppel doctrine is not applicable here. In the Gayes case the petitioner was appealing.... Steese, 3 Cir., 144 F.2d 439. Nor is the argument for the importation of the doctrine of laches.... Finally, if laches were to constitute an estoppel or defense it would in effect make a dead letter of the ancient writ. In most instances where invalidity of a conviction is asserted on the ground the...


Court: United States District Court, S.D. New York.
Date: Dec 29, 1954 Cited By: 18 Coram: 1
12

...an "unconscientious manner," so that the Plan cannot retain property that really belongs to Dr. Pollack; (3) the Plan is estopped from denying that Dr. Pollack owns the funds under the quasi-estoppel doctrine; (4.... 2. Quasi-Estoppel Doctrine The Pollack Parties also sought summary judgment that Dr. Pollack is the owner of the interpleaded funds on the ground that the Plan is estopped...from denying that Dr. Pollack owns the funds under the quasi-estoppel doctrine. The doctrine of quasi-estoppel precludes a party from asserting, to another's disadvantage, a right inconsistent with a...


Court: Court of Appeals of Texas, Houston (14th Dist.).
Date: Jul 11, 2017 Cited By: 15 Coram: 1
13

.... IV. Rule Against Forfeitures and Quasi-Estoppel Plaintiffs contend that the rule against forfeitures and the doctrine of quasi-estoppel prevent the enforcement of the Airlines' contracts. We reject these arguments. Both Oklahoma and Texas disfavor forfeitures, but neither state's laws apply the doctrine to...remedy" (internal quotation marks omitted)). Thus, our conclusion that the Airlines' contracts are not ambiguous dooms this claim. The quasi-estoppel doctrine also does not apply...barred from doing so under the doctrine of quasi-estoppel."). Neither Airline has taken a position inconsistent with an earlier position. V. Doctrine of Reasonable...


Court: UNITED STATES COURT OF APPEALS FOR THE TENTH CIRCUIT
Date: Aug 2, 2018 Cited By: 2 Coram: 1
14

...concluded this was not an appropriate case for application of the doctrine of equitable estoppel, and that the evidence did not support the element of unconscionability under the quasi-estoppel doctrine. Judgment...activities of Neil Dille; breach of the implied warranty of fitness for a particular purpose; and claims of equitable estoppel and quasi-estoppel. On April 15, 2002, Sun Valley...complaint alleged five separate claims against the defendants, including: (1) negligence; (2) failure to warn; (3) negligence under the peculiar risk doctrine; (4) respondeat superior; and (5...


Court: Supreme Court of Idaho, Boise, November 2003 Term.
Date: Feb 26, 2004 Cited By: 63
15

..., (3) Brito is estopped from asserting his claims under the quasi-estoppel doctrine, by nature of having accepted the benefits under the plan. Id. at 8-10.... § 406.035, prohibiting waivers of compensation, that, because the waiver is void, it cannot be ratified or saved by estoppel, and that he did not understand the meaning and consequences of the waiver...his contention that the waiver is unenforceable, and reasserts its ratification and estoppel arguments. III. Applicable Summary Judgment...


Court: United States District Court, N.D. Texas, Fort Worth Division
Date: Mar 20, 1995 Cited By: 12 Coram: 1
16

...returns and that they had claimed comparable expenses as deductions on their tax returns, which both parties had signed. Dennis urges this court to adopt a rule of quasi-estoppel and hold that once a party has made a representation on a tax return, that party is estopped from later making a contrary representation in dissolution proceedings. See Amtrust Inc. v. Larson, 388 F.3d 594 (8th Cir. 2004). We first note that the doctrine of...-estoppel does not seem to have previously been adopted in Nebraska state appellate courts; Dennis has not cited us to any Nebraska state appellate court cases. Although we recognize that some courts have adopted the quasi-estoppel doctrine and...contexts, we decline to adopt the doctrine on the factual context presented in this case. The doctrine of quasi-estoppel appears to be invoked most commonly in federal bankruptcy...


Court: NEBRASKA COURT OF APPEALS
Date: Jun 10, 2014 Cited By: 0 Coram: 1
17

...also urges this Court to apply the doctrine of quasi-estoppel to prevent the County and Richardson from denying him employee status and the associated right of a post-termination hearing. Quasi...denied) (discussing reasons for development of quasi-estoppel doctrine); El Paso Nat'l Bank v. Southwest Numismatic Inv. Group, Ltd., 548 S.W.2d 942, 948 (Tex.Civ.App. — El Paso...-termination hearing before a grievance committee in the event he was terminated. Therefore, we decline to apply the doctrine of quasi-estoppel to the facts in our case. Finally...


Court: Court of Appeals of Texas, Dallas.
Date: May 8, 1990 Cited By: 16 Coram: 1
18

...manner," so that the Plan cannot retain property that really belongs to Dr. Pollack; (3) the Plan is estopped from denying that Dr. Pollack owns the funds under the quasi-estoppel doctrine; (4) the...court granted summary judgment on this ground. 2. Quasi-Estoppel Doctrine The Pollack Parties also sought summary judgment that Dr.... Pollack is the owner of the interpleaded funds on the ground that the Plan is estopped from denying that Dr. Pollack owns the funds under the quasi-estoppel doctrine. The doctrine of quasi-estoppel...


Court: State of Texas in the Fourteenth Court of Appeals
Date: Jul 11, 2017 Cited By: 2 Coram: 1
19

...because Fore was estopped from denying the subcontract's modification. ¶ 3. Under Mississippi's quasi-estoppel doctrine, a party cannot claim the benefits of a transaction and at the...Fore admits that neither it nor any other subcontractor besides TCB performed the work for which Fore was compensated. Based on Mississippi's quasi-estoppel doctrine, we find Fore is estopped from...to the jury. Instead, TCB claims, as a matter of law, that Fore owed it $6,634,436.69 based on Mississippi's doctrine of quasi-estoppel, as applied in Hoerner v. First National Bank of Jackson, 254 So.2d 754, 761–62 (Miss.1972). Fore asserts the doctrine of...


Court: Court of Appeals of Mississippi.
Date: Jun 12, 2012 Cited By: 4
20

...-estoppel doctrine to Farkas's challenge to GMAC's status as the servicer of the loans based on these facts. See 737 F.3d at 344. As the...him of the name of the servicer, Ocwen. His argument is unavailing. Under Texas law, "[q]uasi-estoppel precludes a party from asserting, to another's disadvantage, a right...identity of the mortgage servicer. Based on his prior conduct, he has acquiesced to the validity of the notice of transfer from one servicer to the next. In Farkas I, this court applied the quasi...


Court: UNITED STATES COURT OF APPEALS FOR THE FIFTH CIRCUIT
Date: Feb 26, 2018 Cited By: 1 Coram: 1

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