Cross v. Berg Lumber Co
In Cross v. Berg Lumber Co., 7 P.3d 922, 930 (Wyo. 2000) the Court stated that judicial estoppel is sometimes referred to as a doctrine which estops a party to play fast and loose with the courts or to trifle with judicial proceedings.
It is an expression of the maxim that one cannot blow hot and cold in the same breath. A party will just not be allowed to maintain inconsistent positions in judicial proceedings.
Further, the Court enunciated that judicial estoppel requires that "where a man is successful in the position taken in the first proceeding, then that position rises to the dignity of conclusiveness." Cross, 7 P.3d at 930.