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Not entirely apparent from the face of the contract, the five claims are: disability discrimination under both the ADA and the Kansas Act Against Discrimination, a violation of the FMLA, FMLA retaliation, and workers’ compensation retaliation. Wisler and Trevino arose from a lawsuit against Goodyear for wrongful termination in which the defendants represented Mr. He filed multiple workers’ compensation claims for those injuries but was fired when he allegedly failed to report a medically necessary absence in violation of a "Last Chance Agreement" Mr. Wisler and Trevino that all five claims discussed by the parties would be brought against Goodyear. Trevino, however, omitted both retaliation claims (i.e., FMLA retaliation and workers’ compensation retaliation). In response, the parties clarified to our satisfaction that all the defendants and all members of Xpressions are citizens of Kansas. Sylvia is a citizen of Massachusetts, the requirements of diversity jurisdiction are met. Wisler, as well as to indicate the citizenship of all members of Xpressions. 2014) ("Congress has authorized the federal district courts to exercise jurisdiction over certain cases between citizens of different states. Il est persuadé d'avoir vu un monstre attraper son ami et l'emmener avec lui.De retour au port, il informe les autorités de ce qui s'est passé mais personne ne le croit. A., Overland Park, Kansas, for Defendants-Appellees James L. Kansas, like other states, distinguishes between legal malpractice claims. But the line separating failure to perform an agreed-upon action from breach of a duty imposed by law is not always bright. Sylvia has alleged that defendants breached a duty imposed by law in the context of their attorney-client relationship; such claims sound in tort. 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? Generally, breach of a specific contractual provision or agreement to do a certain action sounds in contract, while breach of a duty imposed by law on attorneys by virtue of the attorney-client relationship sounds in tort.
Here, the plaintiff, Cory Sylvia, sued his former attorneys, James L. Sylvia’s initial complaint characterized his claims as sounding both in tort and in contract. Accordingly, for reasons further detailed infra , we reverse in part and vacate in part the district court’s judgment dismissing Mr. However, regarding the district court’s grant of summary judgment for the defendants on the breach of contract claims, we affirm. This should be hitting the NYT bestseller list any day now, I’m sure of it.Here is where you can buy this book, your kids will love it and stay up way past their bed times to read and you’re welcome. Johnson of Sloan, Eisenbarth, Glassman, Mc Entire & Jarboe, L. A., Overland Park, Kansas, for Defendants-Appellees James L.