Gruber v. Board of Medical Examiners of Oregon

How later courts describe this case

• judicial estoppel “precludes a party from assuming a position in a legal proceeding that contradicts or is inconsistent with a previously asserted position”
• defendant’s failure to designate any circuit in the notice of appeal not a bar to jurisdiction because that court was the only court to which an appeal could be taken
• legal conclusion on remand is binding if “implicitly disposed of by the appellate decision”