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SYLVIA v. WISLER

No. 15-3284.

875 F.3d 1307 (2017)

Cory SYLVIA, Plaintiff-Appellant, v. James L. WISLER; David Trevino; Xpressions, L.C., Defendants-Appellees.

United States Court of Appeals, Tenth Circuit.

FILED November 22, 2017.

Attorney(s) appearing for the Case

Submitted on the briefs:*

Alan V. Johnson of Sloan, Eisenbarth, Glassman, McEntire & Jarboe, L.L.C., Topeka, Kansas, for Plaintiff-Appellant.

Steven R. Smith , Gates Shields Ferguson Hammond, P.A., Overland Park, Kansas, for Defendants-Appellees James L. Wisler and Xpressions, L.C.

Daniel F. Church of Morrow Willnauer Klosterman Church, Kansas City, Missouri, for Defendant-Appellee David Trevino.

Before HARTZ, HOLMES, and MATHESON, Circuit Judges.

This case presents a difficult question of Kansas law: when do legal malpractice claims involving a failure to act sound in tort rather than contract? Kansas, like other states, distinguishes between legal malpractice claims. Some sound in contract. Others sound in tort. Generally, breach of a specific contractual provision...

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