Duty

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In this unpublished decision, the Fifth District affirmed the dismissal of claims against attorneys.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

 

Recent Illinois Case: Mustafa v. NSI International, Inc.

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The Northern District dismissed a legal malpractice claim in which a former employee attempted to sue her employer’s attorney. The court held that the attorney owed no duty to the former employee and that the claim was time barred.

Mustafa v. NSI International, Inc.,  2016 WL 6778888

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

Recent Illinois Case: Moreno v. Martin

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In this unpublished opinion, the Second District affirmed the dismissal of legal malpractice and breach of contract claims. The court held that the legal malpractice claim was properly dismissed because the plaintiff failed to plead that the attorney owed him a duty to give the “missing” advice because the lawyer’s retainer agreement limited the scope of his representation. The court held that the allegations in the complaint conflicted with the terms of the retainer agreement and the terms of the retainer agreement control. The court affirmed the dismissal of the breach of contract claim because the complaint failed to plead that the plaintiff had fully performed his obligations under the contract.

Moreno v. Martin, 2016 IL App (2d) 150729-U

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

Recent Illinois Case: Global Data Sciences, Inc. v. Ogletree, Deakins, Nash, Smoak & Stewart, P.C.

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In this unpublished opinion, the Second District affirmed the grant of summary judgment to a law firm in a legal malpractice case. The court held that the law firm, which had been retained to advise with respect to the employment agreement of a new hire, had not been retained to advise with respect to an employment contract with an existing employee.

Global Data Sciences, Inc. v. Ogletree, Deakins, Nash, Smoak & Stewart, P.C., 2016 IL App (2d) 150141-U

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

Recent Illinois Case: Johnson v. Komie

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In this unpublished opinion, the First District held that the sole shareholder of a corporation who retained an attorney to represent him as an individual did not have standing to assert a malpractice claim where only the corporation suffered an injury. The court also held that, even if the individual did have standing, summary judgment still was proper because the attorney did not owe a duty to the corporation.

2015 IL App (1st) 14-3300-U

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

Miller v. Schultz, 53 Ill. App. 3d 721, 368 N.E.2d 1141 (3d Dist. 1977)

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Miller v. Schultz, 53 Ill. App. 3d 721, 368 N.E.2d 1141 (3d Dist. 1977)

Metrick v. Chatz, 266 Ill. App. 3d 649, 639 N.E.2d 198 (1st Dist. 1994)

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Metrick v. Chatz, 266 Ill. App. 3d 649, 639 N.E.2d 198 (1st Dist. 1994)