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GILCHRIST v. PERL

Nos. C8-84-2152, CX-85-1935 and C1-85-1936.

387 N.W.2d 412 (1986)

Susan GILCHRIST, Respondent (C8-84-2152), and Patricia Klein, individually and on behalf of all those similarly situated, Respondent (CX-85-1935), Petitioner-Appellant (C1-85-1936), v. Norman PERL, individually and DeParcq, Anderson, Perl, Hunegs & Rudquist, P.A., Petitioners-Appellants (C8-84-2152 & CX-85-1935), Respondents (C1-85-1936).

Supreme Court of Minnesota.

Rehearing Denied June 23, 1986.

Attorney(s) appearing for the Case

Charles E. Spevacek, Minneapolis, for Norman Perl.

Robert A. Judd, Minneapolis, for Susan Gilchrist.

Marshall H. Tanick, Opperman & Paquin, Minneapolis, for Patricia Klein.

Heard, considered, and decided by the court en banc.

SIMONETT, Justice.

In these two cases consolidated on appeal, an attorney breached a fiduciary duty to his clients in negotiating their similar personal injury claims. The breach constituted constructive rather than actual fraud and the clients sustained no loss. The issues presented are: whether the attorney should forfeit his fees in their entirety to the clients and such damages be trebled; whether a class action by the clients is appropriate; and whether the plaintiff...

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