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· 7/23/2013

Susan Ball v. Cherie Kotter

Citations

  • 723 F.3d 813
  • 2013 WL 3800209
  • 2013 U.S. App. LEXIS 14895

How courts have described this case

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

  • applying the expert-testimony requirement to the legal malpractice claim but not the claim for breach of fiduciary duty
  • presuming that letters and emails were properly received and read
  • presuming that letters and emails were properly received and read
  • finding common knowledge exception not applicable where an expert opinion was required to discuss a complex duty based upon a professional’s skill
  • a fiduciary has a duty to “refrain from seeking a selfish benefit during the relationship”
  • courts may reasonably presume that electronic messages, once sent, are received

Source: CourtListener parenthetical corpus (CC0).

Judges: Bauer, Hamilton, Miller

Read full opinion on CourtListener

Sourced from CourtListener / Free Law Project (CC0).

This is legal information, not legal advice. Laws vary by jurisdiction and change frequently. Always verify current law with official sources and consult a licensed attorney in your jurisdiction for advice on your specific situation.