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Shimko v. Guenther

505 F.3d 987 (2007)

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Shimko v. Guenther

United States Court of Appeals for the Ninth Circuit

505 F.3d 987 (2007)

Facts

The law firm Shimko & Piscitelli (Shimko) (plaintiff) rendered legal services to two limited partnerships and their limited partners. Milton Guenther (defendant) was a limited partner in both partnerships. Shimko provided legal advice to Guenther and other limited partners of the partnerships. Shimko dealt with Guenther directly, and Guenther personally agreed to Shimko’s representation. Guenther was substantially involved in the operations of the partnerships. Neither the partnerships nor Guenther and the other limited partners paid Shimko for its services. Shimko filed suit against Guenther and the other limited partners in district court. The district court held that Guenther was liable for Shimko’s unpaid fees and participated in the control of the partnerships as a general partner. Guenther and his wife appealed to the United States Court of Appeals for the Ninth Circuit.

Rule of Law

Issue

Holding and Reasoning (Smith, J.)

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