Legal Opinion
Yarcheski v. Reiner
South Dakota Supreme Court
Decided September 3, 2003No. NonePublishedCited by 16 opinions
1Opinion of the Court
KONENKAMP, Justice.
[¶ 1.] Following his unsuccessful challenge to the procedure by which his university tenure-track contract was not renewed, plaintiff appealed in circuit court. His appeal was dismissed, however, when his attorneys submitted an untimely brief. He then brought a legal malpractice suit against his attorneys. In granting summary judgment for the attorneys, the circuit court ruled that plaintiff would not have prevailed in his administrative appeal even if his brief had been timely filed. An essential element in appellate legal malpractice is proof that the client would have…
2Cases cited23 opinions
- Mt. Healthy City School District Board of Education v. DoyleSupreme Court of the United States · 1977
- Pickering v. Board of Ed. of Township High School Dist. 205, Will Cty.Supreme Court of the United States · 1968
- Perry v. SindermannSupreme Court of the United States · 1972
- Sweezy v. New Hampshire Ex Rel. WymanSupreme Court of the United States · 1957
- Marcia R. LIEBERMAN, Plaintiff-Appellant, v. Edward v. GANT Et Al., Defendants-AppelleesCourt of Appeals for the Second Circuit · 1980
18 more not listed; retrieve them via the Exa API.
3Cited by16 opinions
- Hamilton v. Bangs, McCullen, Butler, Foye & Simmons, L.L.P.Court of Appeals for the Eighth Circuit · 2012
- Culhane v. Western National Mutual Insurance Co.South Dakota Supreme Court · 2005
- State Farm Fire & Casualty Co. v. HarbertSouth Dakota Supreme Court · 2007
- McDowell v. Citicorp U.S.A.South Dakota Supreme Court · 2007
- Rush v. U.S. Bancorp Equipment Finance, Inc.South Dakota Supreme Court · 2007
11 more not listed; retrieve them via the Exa API.