Tuesday, November 30, 2010

Nevada: Client Sues Individual Lawyer and Firm

Link for opinion: http://www.nevadajudiciary.us/index.php/advancedopinions/877-elyousef-v-oreilly-a-ferrario-llc-


In Elyousef v. O’Reilly & Ferrario, Elyousef entered into a business arrangement with Homayouni, an employee of O'Reilly. Eventually the business and the relationship soured and Homayouni sued Elyousef. Elyousef brought a countersuit and won the case, settling for $50,000 plus the return of his interest in the Nevada Oil and Land Development.

After this case ended, Elyousef sued O'Reilly for negligence and legal malpractice. The disctrict court judged in O'Reillys favor in this case.

Elyousef appealed, stating that he deserved further recovery. The Court held that suing O'Reilly a second time was in violation of the doctrines of double recovery and issue preclusion. The double recovery doctrine states that there can only be one recovery of damages for one wrong or injury. Because Elyousef already was fully recovered through the initial settlement, he was not able to recover a second time.

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