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MACFARLAN v. IVY HILL SNF, LLC

No. 11-2307.

675 F.3d 266 (2012)

Alan MACFARLAN, Appellant v. IVY HILL SNF, LLC. t/d/b/a/ Ivy Hill Rehabilitation and Nursing Center.

United States Court of Appeals, Third Circuit.

Filed: March 29, 2012.

Attorney(s) appearing for the Case

Marc E. Weinstein, Esq. , (Argued), Weinstein Law Firm, LLC, Trevose, PA, Ralph E. Lamar, IV, Esq. , Law Offices of Ralph Lamar, Broomfield, CO, for Appellant.

Louis J. Capozzi, Jr., Esq. , Dawn L. Richards, Esq. , (Argued), Capozzi & Associates, P.C., Harrisburg, PA, for Appellee.

Before: SLOVITER, VANASKIE and GARTH, Circuit Judges.

OPINION OF THE COURT

Garth, Circuit Judge.

Plaintiff Alan Macfarlan's appeal requires us to review the application of judicial estoppel to his complaint. The District Court judge denied Macfarlan relief as to all counts of his complaint. Primary among the court's rulings was the grant of summary judgment to Macfarlan's former employer, Ivy Hill SNF, LLC ("Ivy Hill") based upon judicial estoppel. We will affirm.

I.

Macfarlan's notice of...

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