Fahey v. Cook
Citations
- 2024 ND 138
Syllabus
A party resisting a summary judgment motion may not simply rely upon the pleadings or upon unsupported, conclusory allegations. Issues of fact become issues of law when a reasonable person could reach only one conclusion from the facts. The elements of a legal malpractice action against an attorney for professional negligence are: 1) the existence of an attorney-client relationship, 2) a duty by the attorney to the client, 3) a breach of that duty by the attorney, and 4) damages to the client proximately caused by the breach of that duty. The party asserting collateral estoppel bars relitigation of an issue in a new proceeding has the burden of establishing the doctrine applies. A legal malpractice action generally does not litigate the same issues as the underlying civil case in which the malpractice allegedly occurred. Statutes are construed as a whole, harmonized to give meaning to related provisions, and interpreted to give effect to all of their provisions. When a uniform statute is interpreted, we construe it to effectuate its general purpose to make the law uniform in the states which enacted it.
Judges: Bahr, Douglas Alan
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1 case in this archive cites this case.
Cites
33 cases in this archive are cited by this case; the 20 most cited are listed.
- Muhammad v. Strassburger, McKenna, Messer, Shilobod & GutnickSupreme Court of Pennsylvania· 1991-03-15· cited 181×
- Gibson v. TrantTennessee Supreme Court· 2001-10-05· cited 119×
- First National Bank of Hettinger v. ClarkNorth Dakota Supreme Court· 1983-04-14· cited 61×
- Ammon v. McCloskeySuperior Court of Pennsylvania· 1995-01-10· cited 57×
- Ungar v. North Dakota State UniversityNorth Dakota Supreme Court· 2006-08-24· cited 55×
- Berringer v. SteeleCourt of Special Appeals of Maryland· 2000-08-31· cited 51×
- Zuger v. StateNorth Dakota Supreme Court· 2004-01-20· cited 44×
- Witzke v. City of BismarckNorth Dakota Supreme Court· 2006-07-18· cited 35×
- Earnest v. GarciaNorth Dakota Supreme Court· 1999-10-20· cited 34×
- Cook v. ConnollySupreme Court of Minnesota· 1985-04-19· cited 34×
- Heldring v. Lundy Beldecos & Milby, P.C.Superior Court of Pennsylvania· 2016-11-28· cited 34×
- Riemers v. OmdahlNorth Dakota Supreme Court· 2004-10-12· cited 31×
- Everett v. TrunnellIdaho Supreme Court· 1983-11-09· cited 28×
- Barringer v. StateIdaho Supreme Court· 1986-10-21· cited 17×
- Johnson v. BronsonNorth Dakota Supreme Court· 2013-05-14· cited 15×
- Estate of BrandtNorth Dakota Supreme Court· 2019-03-18· cited 15×
- Schiess v. BatesIdaho Supreme Court· 1984-12-10· cited 14×
- State v. LangeNorth Dakota Supreme Court· 1993-02-23· cited 14×
- Estate of JohnsonNorth Dakota Supreme Court· 2015-05-01· cited 14×
- Rosenberg v. ShostakMissouri Court of Appeals· 2013-03-12· cited 14×
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