How do you win a case after your client has already paid damages and attorney fees to the defendant? You make novel use of judicial estoppel. There was no clear precedent for our approach, and there is every reason now that another plaintiff—or a defendant—can also use it.

Our firm represented a client seeking to enforce a promissory note of more than $1 million that ballooned to $1.7 million with interest because the borrower failed to repay it. We sued in the Eleventh Judicial Circuit Court of Florida. Before litigation went forward, though, our client decided to withdraw the lawsuit.