Whitacre Partnership, an Illinois Limited Partnership v. Biosignia, Inc., Corporate Successor to Biomar…

Summary

The Court held that judicial estoppel is part of North Carolina common law and adopted a flexible, equitable framework based on the factors ordinarily considered in deciding whether to apply the doctrine. It rejected rigid requirements of intentional deception or prior judicial acceptance, but held that the doctrine applies only to inconsistent factual assertions and requires consideration of privity when the prior statement was made by someone other than the party to be estopped. The Court remanded for the trial court to determine whether the Whitacres and Whitacre Partnership were in privity and whether judicial estoppel should be applied in its discretion.