Mullin v. Pendlay

Citations

• 982 N.W.2d 330
• 2022 ND 205

Syllabus

Common law theory of imposing a trust based upon a confidential relationship is still present in North Dakota law. To successfully plead the defense of unclean hands/illegality the defendant must not have been a participant in the unlawful act. When it is alleged that an attorney negligently failed to perform some act on behalf of the client, the plaintiff must allege and prove performance of the act would have benefited the client. If a party fails to provide supporting argument for an issue listed in their brief, they are deemed to have waived that issue.