Geraci v. Cramer

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In this unpublished decision, the Fifth District affirmed the dismissal of claims against attorneys.  Many of the claims were dismissed because they were time barred.   The court focused on the fact that the statute of limitations begins to run when a plaintiff has sufficient information to be on inquiry notice that he might have a claim.   Other claims were dismissed because an attorney hired by a condominium association did not have an attorney client relationship with or owe a duty to the individual members of the association.

Geraci v. Cramer

 

Short v. Grayson

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The District Court for the Northern District of Illinois granted in part and denied in part motions to dismiss legal malpractice claims. The court dismissed the plaintiff’s claim that his attorneys committed malpractice by failing to bring derivative claims in the underlying action because the plaintiff had sold his stock in the relevant company before initiating the underlying litigation and, thus, lacked standing to bring any derivative claims on its behalf. The court further dismissed a claim that the plaintiff alleged should have been asserted against an individual because the statute of limitations on that claim had expired before the defendant attorney took over the underlying case for the plaintiff. The court denied the motion as to the plaintiff’s various other claims generally holding that the plaintiff had alleged sufficient facts to survive the motions to dismiss.

Short v. Grayson , No. 16 C 2150, 2017 WL 977001 (N.D. Ill. Mar. 14, 2017)

Bay Group Health Care, LLC v. Ginsberg Jacobs, LLC

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The district court granted summary judgment in favor of a law firm.   The court held that signing a confession of judgment did not create an attorney client relationship between the law firm and the judgment debtor.  The court also noted that, under Illinois law, a violation of the Rules of Professional Conduct does not give rise to a cause of action or duty in tort. There is no “ethical malpractice” or “professional responsibility tort” in Illinois.

BAY GROUP HEALTH CARE, LLC v. GINSBERG JACOBS, LLC, Dist. Court, ND Illinois 2017

(This is for informational purposes and is not legal advice.)

West Bend Mutual Ins. Co. v. Schumacher

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The Seventh Circuit affirmed the dismissal of a legal malpractice claim because it did not adequately allege causation and damages.   The court held that the allegations as to how the malpractice plaintiff would have prevailed in the underlying litigation but for the attorney’s malpractice were insufficiently specific to state a claim.

West Bend Mutual Ins. Co. v. Schumacher, Case No. 14-2731, 2016 WL 7395708 (7th Cir. Dec. 21, 2016)

(This is for informational purposes and is not legal advice.)

Pastry Partners, Inc. v. Greenswag

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In this unpublished opinion, the First District affirmed the grant of summary judgment for the defendants on statute of limitations grounds.   The court held that the plaintiff knew of its injury before an adverse judgment was entered against it and that the statute began to run before the judgment was entered.   The court also rejected the plaintiff’s arguments based upon equitable tolling, equitable estoppel and judicial estoppel.

Pastry Partners, Inc. v. Greenswag, 2016 IL App (1st) 152259-U

(This is for informational purposes and is not legal advice.)

Carolina Cas. Ins. Co. v. Robert S. Forbes PC

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The Southern District of Illinois rescinded a lawyer’s malpractice insurance policy because of a material misrepresentation made in the application.  The lawyer failed to disclose a pending suit.

Case No. 16-cv-40-JPG-SCW (S.D. Ill. Jan. 10, 2017)

(This is for informational purposes and is not legal advice.)

Cwik v. Law Offices of Jonathan Merel, P.C.

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In this unpublished order, the First District held that the plaintiff had failed to allege that he would have won his underlying petitions but for the defendant lawyer’s malpractice.   The court held it was not enough for the plaintiff to allege that he would have defeated the underlying defendant’s motions to dismiss but for the lawyer’s negligence, he needed to allege that he ultimately would have succeeded on the petitions themselves.

Cwik v. Law Offices of Jonathan Merel, P.C., 2017 IL App (1st) 153143-U

(This is for informational purposes and is not legal advice.)