Legal Opinion

Potter v. Pierce

New Mexico Court of Appeals

Decided January 8, 2015No. Docket No. 34,365PublishedCited by 1 opinion

1Opinion of the Court

OPINION

DANIELS, Justice.

Res judicata is a judicially created doctrine designed to promote efficiency and finality by giving a litigant only one full and fair opportunity to litigate a claim and by precluding any later claim that could have, and should have, been brought as part of the earlier proceeding. In this case, we examine the preclusive effect of a fee proceeding in bankruptcy court on a later lawsuit for legal malpractice allegedly committed in the course of the bankruptcy. We hold that the elements of res judicata are met and that Petitioner was sufficiently aware of his malpractice…

2Cases cited20 opinions

  1. Henry Grausz, M.D. v. Bradford F. Englander Linowes and Blocher, L.L.P.Court of Appeals for the Fourth Circuit · 2003
  2. Capitol Hill Group v. Pillsbury, Winthrop, Shaw, Pittman, LLCCourt of Appeals for the D.C. Circuit · 2009
  3. Fernandez v. Farmers Ins. Co. of ArizonaNew Mexico Supreme Court · 1993
  4. Osherow v. Ernst & Young, LLP (In Re Intelogic Trace, Inc.)Court of Appeals for the Fifth Circuit · 2000
  5. The Petromanagement Corporation, a Nevada Corporation v. Acme-Thomas Joint Venture and J.L. Thomas Engineering, Inc., an Oklahoma CorporationCourt of Appeals for the Tenth Circuit · 1988

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3Cited by1 opinion

  1. Potter v. PierceNew Mexico Supreme Court · 2015

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