Legal Opinion
Sylvia v. Wisler
Court of Appeals for the Tenth Circuit
Decided November 22, 2017No. 15-3284PublishedCited by 68 opinions
1Opinion of the Court
HOLMES, Circuit Judge.
This case presents a difficult question of Kansas law: when do legal malpractice claims involving a failure to act sound in tort rather than contract? Kansas, like other states,- distinguishes between legal malpractice claims. Some sound in contract. Others sound in tort. Generally, breach of a specific contractual provision or agreement to do a certain action sounds in contract,- while breach of a duty imposed by law on attorneys by virtue of the attorney-client relationship sounds in tort. But the line separating failure to perform an agreed-upon action from breach of…
2Cases cited63 opinions
- Ashcroft v. IqbalSupreme Court of the United States · 2009
- Robbins Ex Rel. Robbins v. Oklahoma Ex Rel. Department of Human ServicesCourt of Appeals for the Tenth Circuit · 2008
- Singleton v. WulffSupreme Court of the United States · 1976
- Khalik v. United Air LinesCourt of Appeals for the Tenth Circuit · 2012
- Kansas Penn Gaming, LLC v. CollinsCourt of Appeals for the Tenth Circuit · 2011
58 more not listed; retrieve them via the Exa API.
3Cited by68 opinions
- Lincoln v. BNSF Railway CompanyCourt of Appeals for the Tenth Circuit · 2018
- Vasquez v. DavisCourt of Appeals for the Tenth Circuit · 2018
- United States of America ex v. Keypoint Government SolutionsCourt of Appeals for the Tenth Circuit · 2019
- Abdi v. WrayCourt of Appeals for the Tenth Circuit · 2019
- Aposhian v. BarrCourt of Appeals for the Tenth Circuit · 2020
63 more not listed; retrieve them via the Exa API.