Expert

Recent Illinois Case: Jaos v. Vold

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In this unpublished opinion, the First District reversed the Circuit Court’s dismissal of a malpractice complaint pursuant to 735 ILCS 5/2-619.

The court held that there was an issue of fact as to whether the defendant lawyer adequately advised the plaintiff about the effect of liens on a business the plaintiff was purchasing.  The court rejected the defendant’s argument that the issue was so clear that no expert testimony on the issue was required.

Jaos v. Vold, 2016 IL App (1st) 152539-U

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

 

Recent Illinois Case: Fox v. Seiden

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The First District held that summary judgment was improperly entered in favor of a malpractice plaintiff. In the underlying case, the malpractice plaintiff was found liable for attorneys’ fees even though she was not a defendant in the only count under which fees could be awarded. The malpractice defendants failed to make this argument in the underlying case.

The First District reversed the trial court’s summary judgment decision because the malpractice plaintiff: (a) failed to offer expert evidence that the malpractice defendants did not meet the standard of care; and (b) possibly was contributorily negligent.

The First District also rejected the malpractice defendants’ argument that summary judgment should have been entered in their favor. The court held that whether the malpractice plaintiff could have appealed the attorneys’ fee award was a question of fact not appropriate for summary judgment. The court similarly held that other proximate cause arguments raised issues of fact.

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

Fox v. Seiden, 2016 IL App (1st) 141984

Recent Illinois Case: Hassebrock v. Bernhoft

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The Seventh Circuit affirmed the dismissal of a legal malpractice case. In the district court, the plaintiffs moved for leave to file an expert report after the discovery cutoff. The district court denied the plaintiffs’ motion and dismissed the case for failure to have an expert.

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

Hassebrock v. Bernhoft, 2016 WL 860951

Los Amigos Supermarket, Inc. v. Metro. Bank and Trust Co., 306 Ill. App. 3d 115, 713 N.E.2d 686 (1st Dist. 1999)

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Los Amigos Supermarket, Inc. v. Metro. Bank and Trust Co., 306 Ill. App. 3d 115, 713 N.E.2d 686 (1st Dist. 1999)

Spivack, Shulman & Goldman v. Foremst Liquor Store, Inc., 124 Ill. App. 3d 676, 465 N.E.2d 500 (1st Dist. 1984)

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Spivack, Shulman & Goldman v. Foremst Liquor Store, Inc., 124 Ill. App. 3d 676, 465 N.E.2d 500 (1st Dist. 1984) (judgment)

Sorenson v. Fio Rito, 90 Ill. App. 3d 368, 413 N.E.2d 47 (1st Dist. 1980)

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Sorenson v. Fio Rito, 90 Ill. App. 3d 368, 413 N.E.2d 47 (1st Dist. 1980)

Smiley v. Manchester Ins. & Indemn. Co. of St. Louis, 71 Ill. 2d 306, 375 N.E.2d 118 (1978)

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Smiley v. Manchester Ins. & Indemn. Co. of St. Louis, 71 Ill. 2d 306, 375 N.E.2d 118 (1978)