Category: Rule 12(b)(6)

Federal Court Rejects Second Bite At the Apple In Legal Malpractice Dispute

Ranson v. KRUSE, LANDA, MAYCOCK, & RICKS, LLC, Dist. Court, D. Utah 2013 – Google Scholar.

This is a dispute between a client and his former attorneys who represented him in a divorce case. Plaintiff brought a legal malpractice counterclaim against the lawyers in the state court and lost. He then refiled his case under 42 USC Section 1983 as a civil rights case. The federal court in Utah dismissed the case under the doctrine known as res judicata, fancy latin words that allow a court to dismiss a claim between the same parties that arose out of the same basic set of facts where the claim was dismissed with prejudice by the first court.

Edward X. Clinton, Jr.