Young v. Govier & Milone, LLP
Annotate this CaseAfter Plaintiff's former husband filed for dissolution, the parties reconciled and entered into two postmarital agreements specifying how their property would be divided in the event of a future dissolution. The district court approved the agreements and dismissed the dissolution proceeding. Plaintiff subsequently filed a second dissolution proceeding. On the advice of Defendants, certain attorneys and law firms, Plaintiff accepted a settlement proposal from her former husband based upon the postmarital agreements approved in the first dissolution action. The marriage was then dissolved. Thereafter, Plaintiff brought this action alleging that Defendants were negligent in advising her to accept the settlement proposal. The district court granted summary judgment for Defendants, concluding that the actions of Defendants were not the proximate cause of any damage to Plaintiff, and even if Defendants breached the standard of care, Plaintiff could not have received a more favorable settlement in the second dissolution proceeding because the court was bound to enforce the order in the first dissolution proceeding under the doctrines of res judicata and judicial estoppel. The Supreme Court affirmed, holding that the judgment in the first proceeding had preclusive effect under the doctrine of res judicata.
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