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OTIS v. ARBELLA MUTUAL INSURANCE COMPANY

443 Mass. 634 (2005)

JOHN F. OTIS, THIRD v. ARBELLA MUTUAL INSURANCE COMPANY & others.

Supreme Judicial Court of Massachusetts, Suffolk.

March 14, 2005.

Attorney(s) appearing for the Case

Paul J. Driscoll (David P. Dwork with him) for the plaintiff.

Richard W. Renehan (Patrick M. Curran, Jr., with him) for Anthony M. Moccia & others.

Scott C. Ford (Steven J. Torres with him) for Arbella Mutual Insurance Company.

Present: MARSHALL, C.J., GREANEY, IRELAND, SPINA, COWIN, SOSMAN, & CORDY, JJ.

SOSMAN, J.

The plaintiff, John F. Otis, III, has appealed from a decision of the Superior Court, which granted summary judgment in favor of all defendants on the ground that Otis's claims against them were barred by the doctrine of judicial estoppel. The facts and theories on which Otis's present claims are based are the precise opposite of the facts and theories that Otis successfully asserted in prior litigation. Despite...

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