Chocktoot v. Smith

How courts have described this case

Verbatim parenthetical descriptions written by other courts when citing this decision. Ranked by citation-network relevance.

• explaining that the jury in the malpractice case is called upon, in effect, to decide what the outcome for plaintiff would have been in the earlier case if it had been properly tried
• analyzing duty of judge in attorney malpractice suit to decide legal questions in underlying litigation from which negligence claim arose
• analyzing duty of judge in attorney malpractice suit to decide legal questions in underlying litigation from which negligence claim arose
• second court's determination of first trial governed by \law as it was at the time\
• \the issue in a malpractice case is what the outcome should have been if the issue had been properly presented\
• “The legal consequences of an attorney’s failure, in the earlier case, to present a timely pleading or motion to take an appeal are matters for argument, not proof.”

Source: CourtListener parenthetical corpus (CC0).