BRANCH BANKING & TRUST COMPANY, A NORTH CAROLINA CORPORATION, Appellant, vs. DOUGLAS D. GERRARD, ESQ., INDIVIDUALLY; AND GERRARD & COX, A NEVADA PROFESSIONAL CORPORATION, D/B/A GERRARD COX & LARSEN, Respondents., 134 Nev. 871

Summary

HOLDINGS: [1]-Because more than two years elapsed after the date the remittitur issued in the underlying property case, the bank's malpractice complaint against its attorneys was properly dismissed as time-barred under Nev. Rev. Stat. § 11.207(1); [2]-The litigation malpractice tolling rule holds that the damages for a malpractice claim do not accrue until the underlying litigation is complete; [3]-A litigation malpractice claim does not accrue, and the two-year statute of limitations in Nev. Rev. Stat. § 11.207(1) does not start to run, until the client's damages are no longer contingent on the outcome of an appeal; [4]-A litigation malpractice claim accrues upon the issuance of remittitur from the Supreme Court of Nevada.