Supreme Court Says Judicial Estoppel Doesn't Apply to Subrogation Claims

The North Dakota Supreme Court ruled that the equitable doctrine of judicial estoppel does not apply to subrogation claims arising out of workers’ compensation proceedings. Case: Moos v. North Dakota Workforce Safety and Insurance, No. 20250437, 06/25/2026, published. Facts and procedural history: Donald Moos suffered injuries at work in August 2018 when an aircraft sprayed him with toxic herbicide. He filed a workers’ compensation claim and a notice with Workforce Safety and Insurance identifying the herbicide applicator as a potentially liable third party. In September 2018, W...