Nachtrieb v. Law Offices of James M. Kelly, P.C. , 2017 IL App (2d) 160984-U

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In this unpublished opinion, the Second District affirmed the dismissal of a legal malpractice claim for lack of causation.  The court held that the plaintiff lacked standing to assert the underlying claim that his lawyer allegedly committed malpractice by failing to bring on his behalf.  Because the plaintiff had filed for bankruptcy and been discharged, the bankruptcy trustee owned the underlying claim.  As a result, the plaintiff’s lawyer could not have asserted it on the plaintiff’s behalf and, therefore,  did not damage the plaintiff by failing to do so.

Nachtrieb v. Law Offices of James M. Kelly, P.C., 2017 IL App (2d) 160984-U

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

 

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