Estoppel

Gines v. Wilson, 2018 IL App (4th) 170811-U

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Cordell Gines filed a pro se complaint against his defense attorneys, Ryan R. Wilson, Lawrence Bapst, and Martin J. Ryan, alleging legal malpractice and a breach of fiduciary duty. Specifically, Gines alleged that the defendants had caused him to serve a sentence for various criminal acts of which he had been convicted that was at least five years longer than it should have been. The defendants filed a motion to dismiss, which the court granted. It found that Gines had failed to allege facts sufficient to state a claim upon which relief could be granted because he did not plead facts presenting arguments defendants failed to make that would have resulted in a reversal or modification of his conviction or sentence. The court also found that collateral estoppel barred Gines’ claim for malpractice. Gines appealed.

The appellate court affirmed the dismissal, stating that “a legal malpractice cause of action does not accrue until the plaintiff’s conviction is overturned.” Id. at ¶ 30. It explained that because another court had already established the correctness of Gines’ sentence, Gines was collaterally estopped form challenging the validity of the same sentence in the current action. Thus he could not overturn it so as to sue the defendants for malpractice.

Gines v. Wilson, 2018 IL App (4th) 170811-U

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

Arjmand v. Mirabelli, 2017 IL App (1st) 162225-U

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In this unpublished opinion, the First District affirmed the dismissal of a malpractice claim on statute of limitations grounds. The court rejected the plaintiff’s argument that defendants were equitably estopped from raising a statute of limitations defense because defendants told plaintiff that their strategy was correct finding that the defendants did not knowingly make any false representations. The court held that a trial court order vacating a marital settlement agreement damaged the malpractice plaintiff because it imposed costs of further litigation, even though the damages may have been speculative at that time. The court further held that the plaintiff knew of the injury when he received the order.

Arjmand v. Mirabelli, 2017 IL App (1st) 162225-U

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

 

 

Barefoot Architect , Inc. v. Sabo & Zahn, 2017 IL App (1st) 162616-U

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In this unpublished opinion, the First District affirmed the dismissal of a legal malpractice claim on statute of limitations grounds and a breach of fiduciary duty claim resulting from a bankruptcy case where the plaintiff had hired attorneys other than the defendants to represent in those proceedings. The court held that, ordinarily, a cause of action for malpractice accrues when a court enters an adverse judgment against a malpractice plaintiff. Here, the statute of limitations had run even using the date the appellate court entered an adverse judgment against the plaintiff. The court held that the lawyers’ statements that the court had erred did not establish were insufficient to preclude application of the statute of limitations under theories of fraudulent concealment or equitable estoppel.

Barefoot Architect , Inc. v. Sabo & Zahn, 2017 IL App (1st) 162616-U

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

Abrahamson v. Greenberg Traurig, LLP, 2017 Il App (1st) 162226-U

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In this unpublished opinion, the First District affirmed the dismissal of a legal malpractice claim on statute of limitations and statute of repose grounds.  It rejected the plaintiff’s argument that equitable estoppel and fraudulent concealment tolled the statutes.

Abrahamson v. Greenberg Traurig, LLP, 2017 Il App (1st) 162226-U

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

Pastry Partners, Inc. v. Greenswag

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In this unpublished opinion, the First District affirmed the grant of summary judgment for the defendants on statute of limitations grounds.   The court held that the plaintiff knew of its injury before an adverse judgment was entered against it and that the statute began to run before the judgment was entered.   The court also rejected the plaintiff’s arguments based upon equitable tolling, equitable estoppel and judicial estoppel.

Pastry Partners, Inc. v. Greenswag, 2016 IL App (1st) 152259-U

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

Recent Illinois Case: Hexum v. Parker

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In this unpublished opinion, the Third District held that the trial court erred when dismissing a legal malpractice claim on collateral estoppel grounds. The court held that the issues in the plaintiff’s underlying divorce case were different from the issues in his malpractice case against his divorce attorney.

Hexum v. Parker, 2017 IL App (3d) 150514-U

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

Recent Illinois Case: Dobbins v. Zager

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In this unpublished order, the First District affirmed the dismissal of a legal malpractice claim on statute of repose grounds.   The court held that neither equitable estoppel nor fraudulent concealment saved the claim.  The court emphasized that misrepresentations that toll the statute of repose must be different from the representations that constitute the alleged malpractice.

Dobbins v. Zager, 2016 IL App (1st) 151175-U

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