Estoppel

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

Posted on Updated on

In this unpublished opinion, the First District affirmed the dismissal of a legal malpractice claim on statute of limitations and statute of repose grounds.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

Posted on Updated on

In this unpublished opinion, the First District affirmed the grant of summary judgment for the defendants on statute of limitations grounds.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

Posted on Updated on

In this unpublished opinion, the Third District held that the trial court erred when dismissing a legal malpractice claim on collateral estoppel grounds.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

Posted on Updated on

In this unpublished order, the First District affirmed the dismissal of a legal malpractice claim on statute of repose grounds.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.)

Recent Illinois Case: First American Title Insurance Co. v. Dundee Reger LLC v. Hallam

Posted on

The Northern District of Illinois addressed third-party claims against a law firm asserting legal malpractice and, in the alternative, breach of contract and promissory estoppel.  The third-party defendant moved to dismiss the breach of contract and promissory estoppel claims as duplicative of the legal malpractice claim.  The court held that, under Illinois law, duplicative breach of fiduciary duty claims should be dismissed but breach of contract claims, even if duplicative, may be plead in the alternative.  The motion to dismiss was denied.

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

First American Title Insurance Co. v. Dundee Reger, LLC et al. v. Peter G. Hallam, 2016 WL 1359374

Recent Illinois Case: Damian v. Carey

Posted on

The Northern District of Illinois refused to dismiss a legal malpractice case on collateral estoppel grounds. In the underlying case, the malpractice plaintiffs were held liable for committing intentional fraud.  In so holding, the court rejected the malpractice plaintiffs’ defense that they had reasonably relied on their attorneys’ advice finding, to the contrary, that they had ignored their attorneys’ advice. In the malpractice action, the Northern District of Illinois recognized that plaintiffs faced an uphill battle proving causation in light of the underlying court’s finding that the plaintiffs had ignored their attorneys’ warnings, but declined to apply collateral estoppel because the underlying court did not analyze the adequacy of the attorneys’ representation.

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

Damian v. Carey, 2016 WL 851992

 

Larson v. O’Donnell, 361 Ill. App. 3d 388, 836 N.E.2d 863 (1st Dist. 2005)

Posted on Updated on

Larson v. O’Donnell, 361 Ill. App. 3d 388, 836 N.E.2d 863 (1st Dist. 2005)