Helfand

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 applying judicial estoppel. They also contend the district court erred by awarding attorney fees under Hawaii Revised Statutes § 607-14 because the complaint was not “in the nature of assumpsit.” We have jurisdiction pursuant to 28 U.S.C. § 1291 and we affirm.

II. FACTS

Defendant Mervyn S. Gerson, a partner in the defendant law firm Gerson, Grekin and Wynhoff (collectively, the “defendants”), prepared a will for William T. Helfand, which Mr. Helfand executed on October 9, 1991. The will contained the following paragraph 2(b) regarding Mr. Helfand’s residence in Hawaii:

Thus, under the will, Ruth Helfand was to take Mr.…