John A. Urbick, V The Spencer Law Firm, Llc
Court of Appeals of Washington
1Opinion of the Court
[As amended by order of the Court of Appeals February 3, 2016.]
Leach, J.
¶1 Courts apply the equitable doctrine of judicial estoppel to protect the integrity of the judicial process by precluding a party from gaining an advantage by asserting one position in a court proceeding and later seeking an advantage by taking a clearly inconsistent position. Here, the appellant-debtor knew all of the facts that gave rise to his potential claim of legal malpractice at the time he filed for bankruptcy, yet he failed to disclose it until almost three years after receiving a discharge from the bankruptcy…
2Cases cited21 opinions
- New Hampshire v. MaineSupreme Court of the United States · 2001
- Browning Manufacturing v. Mims (In Re Coastal Plains, Inc.)Court of Appeals for the Fifth Circuit · 1999
- Lawrence Hamilton v. State Farm Fire & Casualty Company, an Illinois Corporation David's Restaurant SupplyCourt of Appeals for the Ninth Circuit · 2001
- Walter Burnes v. Pemco AeroplexCourt of Appeals for the Eleventh Circuit · 2002
- Barger v. City of Cartersville, GACourt of Appeals for the Eleventh Circuit · 2003
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3Cited by3 opinions
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