In Pari Delicto

R.F. Techs., Inc. v. LeClair Ryan, P.C., No. 17 C 1886, 2018 WL 835349 (N.D. Ill. Feb. 12, 2018)

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The Northern District held that a complaint that alleged that lawyers’ malpractice caused a client to pay more to settle a case than it otherwise would have had to pay adequately plead proximate cause and damages.   The court also refused to take judicial notice of an order assessing sanctions against the malpractice plaintiff and, therefore, held that there was no evidence to support unclean hands and in pari delicto defenses at the motion to dismiss stage.

R.F. Techs., Inc. v. LeClair Ryan, P.C.

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

Recent Illinois Case: Banks v. Casson

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This recent case involved a dispute between attorneys over failure to pay a lawyer referral fee.  The attorneys never obtained signed written consent from the client for the referral fee, as required by Rule 1.5 of the Illinois Rules of Professional Conduct. Nonetheless, the attorney who was allegedly owed the fees filed a lawsuit, seeking damages for breach of fiduciary duty (under a joint venture theory) and fraud.  The First District affirmed dismissal, holding that the breach of fiduciary duty claim failed because the “joint venture” was based on an unenforceable agreement.   The fraud claim was time barred.

Banks v. Casson, 2015 IL App (1st) 133141-U

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

Buttitta v. Newell, 176 Ill. App. 3d 880, 531 N.E.2d 957 (1st Dist. 1988)

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Buttitta v. Newell, 176 Ill. App. 3d 880, 531 N.E.2d 957 (1st Dist. 1988)

Bucci v. Rustin, 227 Ill. App. 3d 779, 592 N.E.2d 297 (1st Dist. 1992)

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Bucci v. Rustin, 227 Ill. App. 3d 779, 592 N.E.2d 297 (1st Dist. 1992)

Robins v. Lasky, 123 Ill. App. 3d 194, 462 N.E.2d 774 (1st Dist. 1984)

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Robins v. Lasky, 123 Ill. App. 3d 194, 462 N.E.2d 774 (1st Dist. 1984) (unclean hands)

Profit Mgmt. Dev., Inc. v. Jacobson, Brandvik & Anderson, Ltd., 309 Ill. App. 3d 289, 721 N.E.2d 826 (2d Dist. 1999)

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Profit Mgmt. Dev., Inc. v. Jacobson, Brandvik & Anderson, Ltd., 309 Ill. App. 3d 289, 721 N.E.2d 826 (2d Dist. 1999) (unclean hands)

Competitive Food Sys., Inc. v. Laser, 170 Ill. App. 3d 606, 524 N.E.2d 207 (2nd Dist. 1988)

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Competitive Food Sys., Inc. v. Laser, 170 Ill. App. 3d 606, 524 N.E.2d 207 (2nd Dist. 1988)