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Moshier v. Fisher 2019 UT 46 (Aug. 13, 2019)

Aug 13, 2019

In this legal malpractice case, the district court concluded the claims were barred by the statute of limitations.  The supreme court reiterated that a malpractice claim, if informed by an ongoing proceeding, does not accrue until the other proceeding has concluded.  Reversing the dismissal, the court held that the malpractice claim accrued when the bankruptcy court, in the related proceeding, confirmed the final bankruptcy plan, which made the damages and harm sufficiently final for the plaintiffs to understand that their attorney’s failure to timely pursue the claim in that case had prejudiced them.