The Northern District of Illinois refused to dismiss a legal malpractice case on collateral estoppel grounds. In the underlying case, the malpractice plaintiffs were held liable for committing intentional fraud. In so holding, the court rejected the malpractice plaintiffs’ defense that they had reasonably relied on their attorneys’ advice finding, to the contrary, that they had ignored their attorneys’ advice. In the malpractice action, the Northern District of Illinois recognized that plaintiffs faced an uphill battle proving causation in light of the underlying court’s finding that the plaintiffs had ignored their attorneys’ warnings, but declined to apply collateral estoppel because the underlying court did not analyze the adequacy of the attorneys’ representation.
(This is for informational purposes and is not legal advice.)
Damian v. Carey, 2016 WL 851992