The Minnesota Supreme Court reversed and remanded

The question presented in this case is whether Minnesota Statutes section 544.42, which requires the service of certain expert-disclosure affidavits, applies to breach-of-fiduciary-duty claims against attorneys. The district court dismissed appellant Mittelstaedt’s breach-of-fiduciary-duty claim against respondent Henney, an attorney, on summary judgment, finding Mittelstaedt failed to show that Henney took unfair advantage of their professional relationship or that the terms of their dealings were unfair. The court of appeals affirmed on different grounds, concluding that summary judgment was appropriate because Mittelstaedt did not provide the expert-disclosure affidavits required by section 544.42. We hold that section 544.42 does apply to breach-of-fiduciary-duty claims. Because the court of appeals erred in its analysis for determining whether experts were required in this case, however, we reverse and remand to the court of appeals to consider the grounds originally raised on appeal