The Appellate Group

Magleby v. Schnibbe

Magleby v. Schnibbe, 2024 UT 43 (Petersen, J.)

Contracts

Attorney sued his former firm, claiming he was owed additional money for a contingency fee. The district court granted summary judgment to the firm. The Court of Appeals affirmed. Attorney then appealed to the Utah Supreme Court disputing acceptance of the payment as full settlement of the dispute. The Utah Supreme Court affirmed, holding: 

  • The Court of Appeals correctly determined that the undisputed facts showed Attorney accepted the firm’s proposed accord as a matter of law. 
  • Practice tip: Under the right circumstances, a party’s inaction can give rise to an inference of acceptance.

Read the full court opinion