Kim v. Dickinson Wright, PLLC, 135 Nev. Adv. Op. 20, 442 P.3d 1070 (Jun. 13, 2019)

Abstract

The Court reversed the district court’s order granting the motion to dismiss and determined 28 U.S.C. § 1367(d), the statute of limitations for a state-law claim filed in federal court, stops running only while the claim is pending in federal court and for 30 days after the state-law claim’s dismissal. Further, Nevada’s litigation malpractice rule, which does not apply to non-adversarial or transactional representation, or before the attorney files a complaint, tolls a litigation malpractice claim’s statute of limitations until the underlying litigation is resolved and damages are certain, preserving the statute of limitations under NRS 11.207(1) which requires a party to bring an action within 2 years of discovering a cause of action

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