North Dakota Supreme Court

Fahey v. Cook

July 5, 20242024 ND 138

Summary

The Court affirmed summary judgment dismissing the plaintiffs’ legal malpractice action. It held collateral estoppel did not apply because the malpractice claims involved different issues, the defendants were not in privity with the plaintiffs, and the defendants lacked a fair opportunity to litigate malpractice issues in the underlying case. Applying Idaho intestacy law to the decedent’s Idaho property, the Court concluded the plaintiffs could not show that any alleged attorney error would have produced a more favorable result or caused damages. No separate opinions were filed.