Causation

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.)

Recent Illinois Case: Kirkliauskas v Vernor Moran LLC

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In this unpublished order, the First District reversed a grant of summary judgment. The court held that there were factual issues regarding whether defendants alleged malpractice caused plaintiffs’ losses. In particular, there were questions of fact regarding whether the plaintiffs would have been successful in recovering property they lost through a tax sale but for defendants failure to take timely action to protest a tax deed.

Kirkliauskas v Vernor Moran LLC, 2016 IL App (1st) 152470-U

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

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In this unpublished order, the First District affirmed the dismissal of a malpractice claim arising out of an underlying action that was dismissed by default after the defendant lawyer had withdrawn as counsel for the malpractice plaintiff.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.)

 

Goldfine v. Barack, Ferrazzano, Kirschbaum & Perlman, 2013 IL App (1st) 111779 993 N.E.2d 1013

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Goldfine v. Barack, Ferrazzano, Kirschbaum & Perlman, 2013 IL App (1st) 111779 993 N.E.2d 1013, judgment affirmed in part, reversed in part by  2014 IL 116362 (interest, attorney fees, settlement offset)