Document Type
Case Summary
Publication Date
Fall 9-6-2019
Case Synopsis
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.
Recommended Citation
Davenport, Elizabeth, "Kim v. Dickinson Wright, PLLC, 135 Nev. Adv. Op. 20, 442 P.3d 1070 (Jun. 13, 2019)" (2019). Nevada Supreme Court Summaries. 1239.
https://scholars.law.unlv.edu/nvscs/1239