Fees as Element of Damages

Swervo Entertainment Group, LLC v. Mensch

Posted on

The District Court for the Northern District of Illinois dismissed in part and refused to dismiss portions of a complaint against an attorney.   The attorney allegedly agreed to hold an advance deposit in escrow and release it if the attorney’s client and the depositor did not reach an agreement.    An agreement was not reached, but the attorney did not release the funds allegedly deposited in escrow.   The court held that the plaintiff stated a claim for fraud (the attorney allegedly never intended to return the funds) and breach of the escrow agreement.   The court further held that the plaintiff’s claim for negligence was barred by the Moorman doctrine, its claim for breach of fiduciary duty was duplicative of the claim for breach of the escrow agreement, its quasi-contract claim was barred by the existence of an actual contract and its claim for attorneys’ fees was barred by the “American rule” barring attorneys’ fees in ordinary litigation.

Swervo Entertainment Group v. Mensch

Baez v. Rosenberg, 409 Ill. App. 3d 525, 949 N.E.2d 250 (1st Dist. 2011)

Posted on Updated on

Baez v. Rosenberg, 409 Ill. App. 3d 525, 949 N.E.2d 250 (1st Dist. 2011) (Attorney retained by special administrator of estate to prosecute wrongful death action owes fiduciary duty to beneficiaries of estate; attorney who acts against interest of beneficiaries may be denied fees)

Kravis v. Smith Marine, Inc., 60 Ill. 2d 141, 324 N.E.2d 417 (1975)

Posted on Updated on

Kravis v. Smith Marine, Inc., 60 Ill. 2d 141, 324 N.E.2d 417 (1975)

Krantz v. Chessick, 282 Ill. App. 3d 322, 668 N.E.2d 77 (1st Dist. 1996)

Posted on Updated on

Krantz v. Chessick, 282 Ill. App. 3d 322, 668 N.E.2d 77 (1st Dist. 1996) (attorney fees in malpractice action not recoverable)

Sterling Radio Stations, Inc. v. Weinstine, 328 Ill. App. 3d 58, 765 N.E.2d 56 (1st Dist. 2002)  

Posted on Updated on

Sterling Radio Stations, Inc. v. Weinstine, 328 Ill. App. 3d 58, 765 N.E.2d 56 (1st Dist. 2002)

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

Posted on Updated on

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

Schweihs v. Davis, Friedman, Zavett, Kane & MacRae, 344 Ill. App. 3d 493, 800 N.E.2d 448 (1st Dist. 2003)

Posted on Updated on

Schweihs v. Davis, Friedman, Zavett, Kane & MacRae, 344 Ill. App. 3d 493, 800 N.E.2d 448 (1st Dist. 2003)