17 respondent is equitably estopped from arguing that their refund claim is time barred. The principle of equitable estoppel prohibits a party from asserting a statute of limitations as a defense where that party's conduct has induced another to refrain from bringing suit during the applicable limitations period. The Supreme Court addressed the issue of equitable estoppel in Heckler v. Community Health Services, 467 U.S. 51, 59 (1984): Estoppel is an equitable doctrine to avoid injustice in particular cases. While a hallmark of the doctrine is its flexible application, * * * * * * * * * * the party claiming the estoppel must have relied on its adversary's conduct "in such a manner as to change his position for the worse," and that reliance must have been reasonable in that the party claiming the estoppel did not know nor should it have known that its adversary's conduct was misleading. * * * [Fn. refs. omitted.] Therefore, to succeed on a traditional estoppel grounds defense the litigant must prove (1) a misrepresentation by another party (2) which he reasonably relied upon (3) to his detriment. United States v. Asmar, 827 F.2d 907, 912 (3d Cir. 1987); Dade County v. Rohr Indus., Inc., 826 F.2d 983 (11th Cir. 1987). Additional considerations arise when a party alleges estoppel against the Government, for "When the government is unable to enforce the law because the conduct of its agents has given arise to an estoppel, the interest of the citizenry as a whole in obedience to the rule of law is undermined." Heckler v.Page: Previous 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 Next
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