Attorneys-Legal Malpractice-Breach of Contract-Statute of Limitations

Plaintiffs appealed the dismissal of their legal malpractice claims against defendant, whom they had hired to pursue three legal malpractice claims against their former counsel. Plaintiffs’ underlying legal malpractice actions were dismissed on summary judgment for lack of causation evidence. Plaintiffs then filed suit against defendant. The district court dismissed plaintiffs’ complaint as barred by the statute of limitations and failure to serve an expert disclosure affidavit.

Where plaintiffs failed to present argument for why it would be unfair to apply another jurisdiction’s laws under the choice-of-law provision in their engagement agreement, the district court correctly determined the limitations period for plaintiffs’ claims.

Judgment is affirmed.

Everest Stables, Inc. v. Porter, Wright, Morris & Arthur LLP (MLW No. 84779/Case No. 25-1950 – 13 pages) (U.S. Court of Appeals, 8th Circuit, Erickson, J.) Appealed from U.S. District Court, District of Minnesota, Wright, J., and Blackwell, J. (Mark R. Bradford, Bloomington, MN for appellants; Alexander David Klein, Bloomington, MN on the brief) (Scott Michael Flaherty, Minneapolis, MN for appellees; Jason Robert Asmus, Minneapolis, MN and Jeremy D. Schildcrout, Minneapolis, MN on the brief)