Elements

Short v. Grayson

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The District Court for the Northern District of Illinois granted in part and denied in part motions to dismiss legal malpractice claims. The court dismissed the plaintiff’s claim that his attorneys committed malpractice by failing to bring derivative claims in the underlying action because the plaintiff had sold his stock in the relevant company before initiating the underlying litigation and, thus, lacked standing to bring any derivative claims on its behalf. The court further dismissed a claim that the plaintiff alleged should have been asserted against an individual because the statute of limitations on that claim had expired before the defendant attorney took over the underlying case for the plaintiff. The court denied the motion as to the plaintiff’s various other claims generally holding that the plaintiff had alleged sufficient facts to survive the motions to dismiss.

Short v. Grayson , No. 16 C 2150, 2017 WL 977001 (N.D. Ill. Mar. 14, 2017)

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.)

Cwik v. Law Offices of Jonathan Merel, P.C.

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In this unpublished order, the First District held that the plaintiff had failed to allege that he would have won his underlying petitions but for the defendant lawyer’s malpractice.   The court held it was not enough for the plaintiff to allege that he would have defeated the underlying defendant’s motions to dismiss but for the lawyer’s negligence, he needed to allege that he ultimately would have succeeded on the petitions themselves.

Cwik v. Law Offices of Jonathan Merel, P.C., 2017 IL App (1st) 153143-U

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

Stevens v. Sharif

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The court held that the plaintiff failed to state a claim against a lawyer, in part, because she failed to allege the existence of an attorney client relationship.   The fact that the plaintiff was represented by other counsel made it implausible that the defendant lawyer represented her.   The court further held that the claim was barred by the statute of limitations.   The claim accrued when the underlying bankruptcy court made its initial decision; accrual did not depend upon the result of the subsequent appeal.

Stevens v. Sharif, No. 15 C 1405, 2017 WL 449175 (N.D. Ill. Feb. 2, 2017)

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

Land v. Auler, 186 Ill. App. 3d 382, 542 N.E.2d 509 (4th Dist. 1989)

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Land v. Auler, 186 Ill. App. 3d 382, 542 N.E.2d 509 (4th Dist. 1989)

B.T. Explorations, Inc. v. Stanley, 187 Ill. App. 3d 23, 542 N.E.2d 1292 (5th Dist. 1989)

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B.T. Explorations, Inc. v. Stanley, 187 Ill. App. 3d 23, 542 N.E.2d 1292 (5th Dist. 1989)

Fabricare Equip. Credit Corp. v. Bell, Boyd & Lloyd, 328 Ill. App. 3d 784, 767 N.E.2d 470 (1st Dist. 2002)

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Fabricare Equip. Credit Corp. v. Bell, Boyd & Lloyd, 328 Ill. App. 3d 784, 767 N.E.2d 470 (1st Dist. 2002)