Kennedy v. Ferguson, No. 11-3395 (8th Cir. 2012)
Annotate this CasePlaintiff sued the attorney handling his father's estate, asserting diversity jurisdiction and alleging malpractice and constructive fraud. The court affirmed the district court's holding that the matter was not ripe because the estate was still open, no final distribution of the estate had yet taken place, and plaintiff could still assert his rights in probate. Accordingly, the court affirmed the judgment of the district court dismissing plaintiff's complaint without prejudice.
Court Description: Civil case - Malpractice. Because plaintiff's father's estate was still open and plaintiff could still raise a challenge to the estate's distribution in probate court, it is not yet known whether defendant's alleged malpractice in handling the estate caused plaintiff a cognizable injury, and his claim is not ripe.
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