Judicial Admissions

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Judicial Admissions

Postby Administrator » Mon Sep 29, 2014 11:55 pm

Judicial Admissions

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Furthermore, judicial admissions are only applicable to questions of fact, and not to questions of law. See McCaskill v. SCI Mgmt. Corp., 298 F.3d 677, 682 (7th Cir.2002) (“The statement at oral argument in this case was similarly a statement of legal opinion, not a stipulation of fact. As such, it is not a judicial admission binding on the appellee, and certainly is not binding on this court.”). As the question of what constitutes “services” is a question of law, the plaintiffs' statements regarding their beliefs as to whether cellular phone service meets the legal definition of “services” under the WCA is not a judicial admission binding on the plaintiffs.FN3


FN3. AFNI also argues that because the plaintiffs did not object during the depositions that the questions asked of the plaintiffs called for legal conclusions, the plaintiffs waived this argument. (Def.'s Br. in Opp. at 15.) This argument is unavailing. The plaintiffs are not arguing that this testimony should be excluded, and AFNI is free to cite these depositions. However, the court is free to give the deposition testimony its appropriate consideration.

Seeger v. AFNI, Inc.
Slip Copy, 2007 WL 1598618
E.D.Wis.,2007.
June 01, 2007
David A. Szwak
Bodenheimer, Jones & Szwak, LLC
416 Travis Street, Suite 1404, Mid South Tower
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Chairman, Consumer Protection Section, Louisiana State Bar Association

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