Helfand v. Gerson

DAVID R. THOMPSON, Circuit Judge:

I. OVERVIEW

The widow and nephew of the late William Helfand brought a diversity action alleging legal malpractice against the attorney and law firm responsible for preparing Mr. Hel-fand’s testamentary documents. The district court held the plaintiffs were judicially es-topped from asserting their interpretation of Mr. Helfand’s testamentary documents because they had successfully advocated an inconsistent position in state court. The district court granted summary judgment for the defendants. On appeal, the plaintiffs contend the district court erred by…