Mealey's PI/Product Liability - 3rd Circuit Panel Upholds Dismissal Of Construction Contract Case

Mealey's PI/Product Liability - 3rd Circuit Panel Upholds Dismissal Of Construction Contract Case

PHILADELPHIA - The Third Circuit U.S. Court of Appeals on Feb. 3 affirmed dismissal of a construction company's breach of contract action based on judicial estoppel, agreeing that the plaintiff "affirmatively misrepresented its procedural position" (Haines & Kibblehouse Inc. v. Balfour Beatty Construction Inc., No. 11-2826, 3rd Cir.; 2014 U.S. App. LEXIS 2031).

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