Kaur v. Singh
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The Supreme Court reversed the order of the district court denying Rajwant Kaur's motion to set aside a 2004 divorce decree, holding that the district court erred because it did not consider the traditional judicial estoppel factors before considering Rajwant's defense of duress and coercion.
In 2004, Rajwant and Jaswinder Singh filed a joint petition for divorce. The district court entered the divorce decree without holding a hearing. In 2019, Rajwant filed a motion to set aside the 2004 divorce decree, arguing that Jaswinder forced her to sign the divorce decree so it was obtained by fraud. The district court denied the motion, finding that, under Vaile v. Eighth Judicial District Court, 44 P.3d 506 (Nev. 2002), Rajwant was judicially estopped from challenging the decree. The Supreme Court reversed, holding that the district court erroneously applied Vaile, in concluding that judicial estoppel precluded Rajwant's motion and failed to consider whether the five-factor test favored application of judicial estoppel.
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