Judicial estoppel is often employed to dismiss product liability actions when defense counsel discover that a plaintiff failed to disclose his or her potential claims during a prior bankruptcy proceeding. In this context, judicial estoppel protects the integrity of the bankruptcy proceeding and prevents a litigant from later taking an inconsistent position to obtain a strategic benefit: first, concealing the claims from the bankruptcy estate to maintain control over the claims as assets, and then asserting those claims in a different court to obtain damages.

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