Keathley v. Buddy Ayers Construction, Inc. · ¶58

The Eleventh Circuit in Slater retreated from this test. It now applies one that considers “all the facts and circumstances of [a] particular case” and therefore one that does not suffer from any of the same shortfalls that arise when the application of the doctrine neglects critical context. Id., at 1185; id., at 1186–1189 (listing a nonexhaustive set of considerations). This new approach appears more closely to adhere to the “‘case-by-case’” assessment that equity requires and that judicial estoppel is intended to facilitate. Ante, at 7–9 (quoting Holland v. Florida, 560 U. S. 631, 649–650 (2010)).

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