Legal Opinion · Dissent

Alioto v. Hoiles

Court of Appeals for the Tenth Circuit

Decided August 2, 2013No. 10-1441Unpublished

1DissentKelly, Circuit Judge

This court affirms the district court on alternative grounds: that Mr. Alioto’s claim for legal services performed for Mr. Hoiles’s ex-wife and daughters (the Family Shares Issue) is a related matter and thus the Fee Agreement (Agreement) is voidable. The court further holds that Mr. Hoiles did not ratify the Agreement prior to voiding it, so the district court correctly reinstated the quantum meruit verdict.

I must disagree. In my view, the court’s resolution ignores the essence of an attorney-client relationship. I would reverse the district court’s judgment and remand for the district court…

2Cases cited18 opinions

  1. Christianson v. Colt Industries Operating Corp.Supreme Court of the United States · 1988
  2. Lazar v. Superior CourtCalifornia Supreme Court · 1996
  3. Robinson Helicopter Co., Inc. v. Dana Corp.California Supreme Court · 2004
  4. Alliance Mortgage Co. v. RothwellCalifornia Supreme Court · 1995
  5. Bay Cities Paving & Grading, Inc. v. Lawyers' Mutual InsuranceCalifornia Supreme Court · 1993

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