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VEHICLE MARKET RESEARCH v. MITCHELL INTERN., INC.

No. 12-3333.

767 F.3d 987 (2014)

VEHICLE MARKET RESEARCH, INC., Plaintiff-Appellant, v. MITCHELL INTERNATIONAL, INC., Defendant-Appellee.

United States Court of Appeals, Tenth Circuit.

September 17, 2014.

Attorney(s) appearing for the Case

Nora M. Kane ( Mark J. Peterson on the brief), of Stinson Morrison Hecker, Omaha, NE, for Plaintiff-Appellant.

Allyson N. Ho of Morgan Lewis & Bockius, Dallas, TX ( Anthony J. Durone of Berkowitz Oliver Williams Shaw & Eisenbrandt, Kansas City, MO; Scott T. Schutte and Ted M. Warden of Morgan Lewis & Bockius, Chicago, IL with her on the brief), for Defendant-Appellee.

Before KELLY, EBEL, and BACHARACH, Circuit Judges.

EBEL, Circuit Judge.

This is a judicial estoppel case, which is controlled by two principles: our reluctance to impose the harsh remedy of judicial estoppel, and the failure by the party asserting judicial estoppel to bear its burden to point to clearly inconsistent statements in support of its arguments.

The case involves statements made by plaintiff Vehicle Market Research, Inc. (VMR) in a breach of contract case that were allegedly inconsistent with earlier...

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