Appellate Court Overturns District Court's Decision Based on the Incorrect Application of Judicial Estoppel

ST. LOUIS - The U.S. Court of Appeals for the Eighth Circuit reversed a district court's decision to grant summary judgment to the manufacturer of Parlodel on grounds that the court incorrectly applied the doctrine of judicial estoppel to preclude the appellants from presenting evidence of causation. Bendet v. Sandoz Pharmaceuticals Corp., No. 02-1024 (Ct. Appeals, Eighth Cir.).

According to U.S. Circuit Judge Morris S. Arnold's Oct. 22 opinion, the Eighth Circuit's decision to uphold the district court's ruling to exclude the testimony of two expert witnesses regarding theories of causation did not control the disposition of the appellant's case.