Phillips v. Toner

Summary

The Supreme Court of Wyoming affirmed summary judgment against Owen R. Phillips in his claims against attorney Tom C. Toner for payment arising from consulting services performed in Colorado litigation. The court held that collateral estoppel barred relitigation of issues decided in Phillips's prior action against Jack J. Grynberg, including the governing contract and the determination that Phillips had been fully paid. Because the obligation had been satisfied, Phillips could not establish damages on his contract, quantum meruit, fraud, or negligent misrepresentation claims.

Holdings

1. Collateral estoppel barred Phillips's claims because the prior adjudication conclusively determined that the services and charges at issue arose under the November 4, 2002, agreement with Grynberg and that Phillips had been fully paid.
2. Even assuming Toner could also be liable for payment, Phillips could not recover because the single obligation had already been fully satisfied.
3. Summary judgment on the fraud claim was proper even if collateral estoppel did not apply because Phillips failed to plead fraud with particularity and failed to produce clear, unequivocal, and convincing evidence establishing a genuine issue of material fact.

Questions Presented

1. Whether collateral estoppel barred Phillips's claims against Toner because the prior action conclusively determined that the services were performed under the agreement with Grynberg and had been fully paid.
2. Whether Phillips's fraud claim could survive summary judgment even if it was not barred by collateral estoppel.

Disposition

affirmed