182957P.pdf   08/05/2019  Baljinder Sandhu  v.  Jay Kanzler, Jr.
   U.S. Court of Appeals Case No:  18-2957
   U.S. District Court for the District of Minnesota - St. Paul   
   [PUBLISHED] [Shepherd, Author, with Arnold and Kobes, Circuit Judges] 
   Civil Case - Diversity. In action for breach of fiduciary duty, collusion 
   and fraud against attorney and law firm involved in commercial 
   transactions, district court's grant of summary judgment to attorneys is 
   affirmed. District court correctly concluded that the breach of fiduciary 
   duty claims stemming from an attorney-client relationship are derivative 
   of legal malpractice claims and are, therefore subject to Minn. Stat. sec. 
   544.42, requiring expert affidavits; absent expert witness affidavit or 
   disclosure of expert, the claims against attorney and law firm were 
   properly dismissed; claim that attorney breached a statutory duty of 
   candor and a duty to investigate also requires compliance with affidavit 
   requirements and failure to comply mandates dismissal; fraud claims were 
   properly dismissed based on lack of evidence of attorney's knowledge of 
   ownership interest; summary judgment on the aiding and abetting claim was 
   also proper based on the lack of evidence. Vicarious liability claims 
   failed. Judge Arnold concurs in part and dissents in part.