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Civil Procedure Keyed to Subrin
Jarosz v. Palmer
Facts
Plaintiff hired Defendant attorney to help Plaintiff and three other partners acquire and finance a company. When Plaintiff had a falling out with the other partners, Defendant represented the three partners in defending a wrongful termination and breach of fiduciary duty suit filed by Plaintiff. Plaintiff moved to disqualify Defendant from representing the partners, but the judge dismissed the motion. Plaintiff then brought this action against Defendant for legal malpractice, breach of fiduciary duties and other state statutes. Defendant moved for dismissal because the issue of attorney-client privilege between Plaintiff and Defendant was precluded in light of the court’s decision in the other case. Plaintiff argued that issue preclusion would not apply because there was no evidentiary hearing, and that the issue was not central to the prior judgment.
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