Estoppel

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

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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

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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)

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