GERBER PRODUCTS v. MITCHELL WILLIAMS SELIG GATES

No. 20-2912.

28 F.4th 870 (2022)

GERBER PRODUCTS COMPANY, Plaintiff-Appellant, v. MITCHELL WILLIAMS SELIG GATES & WOODYARD, PLLC; Byron Freeland, Defendants-Appellees.

United States Court of Appeals, Eighth Circuit.

Filed: March 11, 2022.


Attorney(s) appearing for the Case

Counsel who represented the appellant was Timothy Oliver Dudley of Little Rock, AR.

Counsel who represented the appellees were Robert Kenny McCulloch , of Little Rock, AR., and Robert L. Henry, III of Little Rock, AR.

Before COLLOTON, ERICKSON, and STRAS, Circuit Judges.


This case requires us to decide a novel legal-malpractice question under Arkansas law. What must a plaintiff show to recover the attorney fees it spent trying to fix previous counsel's mistakes? The answer, according to the district court, is that the result of the underlying proceeding would have been different. We disagree...

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