Legal Opinion

Branch Banking & Trust Co. v. Gerrard

Nevada Supreme Court

Decided December 27, 2018No. 73848PublishedCited by 5 opinions

1Opinion of the Court

By the Court, PICKERING, J.:

*738This is an appeal from an order dismissing a litigation malpractice suit as time-barred. Nevada follows the rule that a litigation malpractice claim does not accrue, and the two-year statute of limitations in NRS 11.207(1) does not start to run, until the client's damages are no longer contingent on the outcome of an appeal. This case asks us to determine how this rule applies when, without seeking a stay of remittitur from this court, the client unsuccessfully petitions for a writ of certiorari from the United States Supreme Court. We hold that a litigation…

2Cases cited11 opinions

  1. Petersen v. BruenNevada Supreme Court · 1990
  2. Wallace Glick, by His Next Friend, Bessie McGinty and Bessie McGinty v. Ballentine Produce, Inc.Court of Appeals for the Eighth Circuit · 1968
  3. Semenza v. Nevada Medical Liability InsuranceNevada Supreme Court · 1988
  4. Hewitt v. AllenNevada Supreme Court · 2002
  5. Holcomb Condominium Homeowners' Ass'n v. Stewart Venture, LLCNevada Supreme Court · 2013

6 more not listed; retrieve them via the Exa API.

3Cited by5 opinions

  1. Kim v. Dickinson Wright, PLLCNevada Supreme Court · 2019
  2. KIM VS. DICKINSON WRIGHT, PLLCNevada Supreme Court · 2019
  3. KIM VS. DICKINSON WRIGHT, PLLCNevada Supreme Court · 2019
  4. Valerio v. ScilliaDistrict Court, D. Nevada · 2020
  5. Youval Zive v. Jeffrey R. Sandberg and Palmer & Manuel, P.L.L.C. F/K/A Palmer & Manuel, L.L.P.Texas Supreme Court · 2022

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