Holland & Knight, LLP v. Alan Deatley

MEMORANDUM *

We affirm the district court’s decision granting summary judgment to law firm Holland & Knight on Alan DeAtley’s counterclaim for legal malpractice in this diversity suit based on Washington law.

DeAtley was judicially estopped from asserting the counterclaim. DeAtley had claimed an interest in his father’s paving business, Superior Asphalt, at the time he filed for Chapter 7 bankruptcy, yet he chose not to list it as an asset. This deprived DeAtley’s creditors of his claim of a share in the business, so that DeAtley’s debts were discharged without the creditors being able to…