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CIVIL – cognovit note; personal guarantee; cognovit judgment; Civ.R. 60(B); motion for relief from judgment; promissory estoppel; meritorious defense; operative facts; waiver by estoppel; inconsistent conduct; intent.
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Emanating from the philosophical ideals of Aristotle,2 equity was begotten-not made-by chancellors in ancient England.3 These chancellors were clergymen, who served as secretaries to the King with the authority to decide disputes between his subjects.4 Sitting in the English High Court of Chancery, chancellors dispensed justice by royal prerogative when relief was inadequate or inequitable in the courts of the common law.5 The inequity addressed by equitable estoppel concerned the contradictory conduct of litigants that worked to their advantage in a case or to the disadvantage of the adverse party.6 A doctrine of "estoppel" actually originated in the law courts, but it was the equitable gloss added by the chancery court that has persisted.7 In England and America, this popular defense ...
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DEFAULT JUDGMENT; SUMMARY JUDGMENT; EXCUSABLE NEGLECT; CIV.R. 6(B); ABUSE OF DISCRETION; INEFFECTIVE REPRESENTATION BY COUNSEL; APPARENT AUTHORITY; AGENCY BY ESTOPPEL; WORDS OR CONDUCT OF PRINCIPAL; AGENT HELD OUT TO PUBLIC BY PRINCIPAL AS HAVING SUFFICIENT AUTHORITY TO ACT; BURDEN OF PROOF ON PARTY ASSERTING AGENCY.
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... and facilities to enable the Operator to conduct petroleum exploration, production and marketing op... with interest or damages and interest ESTOPPEL - ESTOPPEL BY CONDUCT - EQUITABLE ESTOPPEL GENERAL...
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... For example, states require physicians to conduct a bona fide medical examination before recommendin... the argument as an entrapment by estoppel defense. (43) The entrapment by estoppel defense i...
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... challenge, to include the collateral estoppel component, are addressed.” Because this argument... of collateral estoppel and by failing to conduct “a factually rigorous analysis” of the Governm...
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... that the traditional elements of an estoppel are present with respect to either its change in p... Reimbursement Review Board (PRRB) conducted a hearing and issued a written opinion rejecting t...
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... learned of the error and brought an estoppel claim against the Plan. We have not yet recognized...As Booth prepared to conduct severance negotiations with Pearson in his capacit...
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... a new doctrine of "partial entrapment by estoppel" to avoid application of the fifteen-year mandato... state police officer that authorized the conduct." More specifically, "when an individual cannot ma...
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... defense of entrapment by estoppel constituted a denial of his right ... him that certain conduct is lawful, the defendant therea...