Felger v. Nichols
Court of Special Appeals of Maryland
370 A.2d 141 (Md. 1977)
Felger (plaintiff) hired attorney Nichols (defendant) for a divorce, then refused to pay $345 in fees, arguing Nichols's work was unsatisfactory. Nichols sued for the fees in Maryland district court and won, meaning the court necessarily rejected Felger's claim that the services were inadequate. Felger then filed a separate malpractice suit against Nichols; Nichols moved for summary judgment, arguing the malpractice issue had already been decided in his favor in the fee suit. Felger argued the earlier court's jurisdictional limits and an erroneous evidentiary ruling had prevented him from fully litigating malpractice there. Summary judgment was entered for Nichols.
Whether, under Maryland law, a client may raise in a later lawsuit an issue or claim that was already fully litigated and decided against him in an earlier action between the same parties.