Recent Illinois Case: KS Trucking Enterprise Inc v. Albukerk

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In this unpublished order, the First District affirmed the dismissal of a malpractice claim arising out of an underlying action that was dismissed by default after the defendant lawyer had withdrawn as counsel for the malpractice plaintiff.  The court held that: (a) the malpractice complaint did not sufficiently allege that there was an attorney client relationship at the time of the default dismissal; and (b) the complaint failed to allege causation despite the fact it alleged that the malpractice defendant waived certain procedural defenses because it did not allege that other substantive defenses would have succeeded.

KS Trucking Enterprise Inc v. Albukerk, 2015 IL App (1st) 151230-U

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

 

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