Chaffee v. Smith
Cases that cite this one
47 later published cases cite this decision. The 25 that cite it most often are listed here.
- Snow, Nuffer, Engstrom & Drake v. Tanasse (Utah 1999)
- In re Richards (United States Bankruptcy Court, D. Nevada 1986)
- Beavor v. Tomsheck (Nev. 2022)
- Beavor v. Tomsheck (Nev. 2022)
- Denham v. Farmers Insurance (Cal. Ct. App. 1989)
- TOWER HOMES, LLC VS. HEATON (Nev. 2016)
- TOWER HOMES, LLC VS. HEATON (Nev. 2016)
- Ikuno v. Yip (9th Cir. 1990)
- Tanasse v. Snow (Utah Ct. App. 1996)
- Olson, Cannon, Gormley, Angulo & Stoberski Vs. Dist. Ct. (Am. Guarantee And Liab. Ins. Co.) (Nev. 2021)
- REYNOLDS VS. TUFENKJIAN (Nev. 2020)
- Mallios v. Baker (Tex. 2000)
- Zuniga v. Groce, Locke & Hebdon (Tex. App. 1994)
- Ikuno v. Yip (9th Cir. 1990)
- Hedlund Manufacturing Co. v. Weiser, Stapler & Spivak (Pa. 1988)
- Fresh Mix, LLC v. Pisanelli Bice, Pllc (9th Cir. 2026)
- Jefferie Scott Gray, Janice Gray, an J.G., as Successors in Interest to James Lee Hohenshell v. Michael B. Oliver, Oliver Law Firm, P.C. and Oliver Gravett Law Firm, P.C. (Iowa 2020)
- Fresh Mix, LLC v. Pisanelli Bice, PLLC (District Court, D. Nevada 2025)
- In re: Vinh Chau and Lang Mach (United States Bankruptcy Appellate Panel of The Ninth Circuit 2014)
- Gurski v. Rosenblum and Filan, LLC (Conn. 2005)
- Cowan Liebowitz & Latman, PC v. Kaplan (Fla. 2005)
- Kommavongsa v. Haskell (Wash. 2003)
- Kommavongsa v. Haskell (Wash. 2003)
- St. Paul Fire & Marine Insurance v. Birch, Stewart, Kolasch & Birch, LLP (District Court, D. Massachusetts 2002)
- Forgione v. Dennis Pirtle Agency (11th Cir. 1998)
This list shows which later cases cite this one. It does not say how they treated it, and no review of that has been done. Not a substitute for Shepard’s or KeyCite — verify before relying.
Opinion
OPINION
Appellant has appealed from an order granting respondent’s motion for summary judgment and related orders.
In an underlying wrongful death action, appellant obtained a judgment against Airline Training Academy (ATA). Respondent originally represented both ATA and its insurer, Airway Underwriters. Alleging lack of cooperation by ATA, respondent withdrew as counsel for ATA. Thereafter, on behalf of Airway Underwriters, he obtained a default judgment against ATA, resulting in forfeiture of insurance coverage. In the instant action, appellant has sued respondent, ATA’s former attorney, for malpractice in his dealings with ATA.
Appellant contends, inter alia, that the trial court erred in its determination that a lack of privity with the original attorney-client relationship precluded her suing her opposing party’s attorney (respondent) for malpractice. Appellant claims that she acquired the cause of action against respondent by levy and execution sale of ATA’s property.
Here, however, the transferred interest involves a previously unasserted claim. As a matter of public policy, we cannot permit enforcement of a legal malpractice action which has been *224 transferred by assignment or by levy and execution sale, but which was never pursued by the original client. See Goodley v. Wank & Wank, Inc., 133 Cal.Rptr. 83 (Cal.App. 1976); Christison v. Jones, 405 N.E.2d 8 (Ill.App. 1980). The decision as to whether to bring a malpractice action against an attorney is one peculiarly vested in the client. See Christison, supra at 11. We reserve opinion on the question as to whether previously asserted legal malpractice actions are transferable. See Goodley, supra; Collins v. Fitzwater, 560 P.2d 1074 (Ore. 1977).
The public policy issue is dispositive of this appeal. Therefore; we need not consider appellant’s remaining contentions. 1
The summary judgment is affirmed.
We express no opinion regarding the propriety of respondent’s conduct.
Case-law data current through December 31, 2025. Source: CourtListener bulk data.