Jurisdiction

Recent Illinois Case: Otto v. Rozenstauch

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In the unpublished order, the First District held that it lacked jurisdiction to hear an appeal filed by a plaintiff after she voluntarily dismissed her legal malpractice claim. The court reasoned that a notice of appeal filed within 30 days after a voluntary dismissal is premature because a voluntary dismissal is not final until one year after entered.

Otto v. Rozenstauch, 2015 IL App (1st) 141644-U

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

Recent Illinois Case: Banks v. Preston Humphrey, LLC

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In this recent case, the Northern District of Illinois dismissed a legal malpractice case for lack of diversity jurisdiction because the amount in controversy requirement was not satisfied.   The plaintiff argued that his attorney provided negligent representation in a criminal matter.   However, the plaintiff did not pay his attorney any fees, and his conviction remained intact, thus negating any potential damages for wrongful conviction.

Banks v. Preston Humphrey, LLC, No. 14-3766, 2015 WL 1840665 (7th Cir. April 23, 2015).

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