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Stalk v. Mushkin

Citations: 199 P.3d 838; 125 Nev. 21; 125 Nev. Adv. Rep. 3; 2009 Nev. LEXIS 5Docket: 48201

Court: Nevada Supreme Court; January 29, 2009; Nevada; State Supreme Court

Narrative Opinion Summary

The Supreme Court of Nevada examined the statutes of limitation applicable to claims of intentional interference with prospective business advantage, intentional interference with contractual relations, and breach of fiduciary duty stemming from an attorney-client relationship in the case between a construction company and its attorney. The court affirmed the district court's summary judgment on the intentional interference claims, applying a three-year statute of limitations under NRS 11.190(3)(c) for personal property injuries. However, it reversed the summary judgment on the breach of fiduciary duty claim, recognizing it as legal malpractice governed by a four-year statute of limitations under NRS 11.207(1). The case involved an attorney representing conflicting interests, leading to the construction company being added as a defendant in a wrongful termination lawsuit and subsequent contract terminations. The court found that the district court had incorrectly applied a two-year statute of limitations to the breach of fiduciary duty claim, as such claims in the context of an attorney-client relationship are subject to the legal malpractice statute. The court's decision highlights the importance of accurately determining the nature of claims and the applicable statute of limitations.

Legal Issues Addressed

Application of Summary Judgment

Application: Summary judgment is appropriate when there are no genuine issues of material fact and the moving party is entitled to judgment as a matter of law.

Reasoning: The court applies a de novo standard of review for summary judgment, affirming that it is appropriate when there are no genuine issues of material fact and the moving party is entitled to judgment as a matter of law.

Determining Statute of Limitations for Legal Malpractice

Application: The statute of limitations for legal malpractice claims is determined by the nature of the breach and the relationship involved, with NRS 11.207(1) providing a four-year statute for such claims.

Reasoning: NRS 11.207 establishes a four-year statute of limitations for legal malpractice claims against attorneys, applicable regardless of whether the claims are based on breach of contract or breach of fiduciary duty.

Statute of Limitations for Breach of Fiduciary Duty in Attorney-Client Relationship

Application: Breach of fiduciary duty claims arising from an attorney-client relationship are classified as legal malpractice and governed by the four-year statute of limitations under NRS 11.207(1).

Reasoning: A breach of fiduciary duty claim in an attorney-client relationship qualifies as legal malpractice, subject to a two-year statute of limitations under NRS 11.190(4)(e) for damages related to wrongful or negligent conduct.

Statute of Limitations for Intentional Interference Claims

Application: The court determined that claims for intentional interference with prospective business advantage and contractual relations fall under the three-year statute of limitations for personal property injuries as per NRS 11.190(3)(c).

Reasoning: The court determined that claims for intentional interference are categorized as injuries to personal property, thus subject to a three-year statute of limitations under NRS 11.190(3)(c).