Legal Opinion

Potter v. Pierce

New Mexico Court of Appeals

Decided November 15, 2013No. 34,365; Docket No. 31,595PublishedCited by 1 opinion

1Opinion of the Court

OPINION

HANISEE, J.

{1} In this case we examine whether Jeffery Potter (Plaintiff) may bring a malpractice action against his former bankruptcy attorneys (Defendants) after Plaintiff objected to Defendants’ fee applications with allegations of malpractice and the bankruptcy court awarded fees in a final order. The district court dismissed the malpractice claim on the ground that it was barred by the principles of claim preclusion because Plaintiff did or could have brought the malpractice claim in response to Defendants’ fee applications. We agree that Plaintiffs claim is barred because the…

2Cases cited16 opinions

Migra v. Warren City School District Board of EducationSupreme Court of the United States · 1984
Self v. United Parcel Service, Inc.New Mexico Supreme Court · 1998
Henry Grausz, M.D. v. Bradford F. Englander Linowes and Blocher, L.L.P.Court of Appeals for the Fourth Circuit · 2003
Capitol Hill Group v. Pillsbury, Winthrop, Shaw, Pittman, LLCCourt of Appeals for the D.C. Circuit · 2009
Osherow v. Ernst & Young, LLP (In Re Intelogic Trace, Inc.)Court of Appeals for the Fifth Circuit · 2000

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3Cited by1 opinion

Potter v. PierceNew Mexico Court of Appeals · 2013