Judicial admissions are factual statements made by a litigant in their pleadings that become binding throughout a case. Judicial admissions serve an important function by foreclosing an admitting party from later disputing such fact or making a statement inconsistent with the admission. It is therefore necessary to distinguish between the types of statements courts will hold as judicial admissions and those they will not.
Recently, the Second Circuit expanded upon existing precedent to clarify that judicial admissions must be “deliberate, clear, and unambiguous,” adopting language already embraced by other circuits. This memorandum will explore the factors that a court will analyze in determining whether or not a statement constitutes a judicial admission.