Release

Recent Illinois Case: White v. Richert

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The Northern District of Illinois refused to dismiss a claim on the basis of a release given by a client to her lawyer because the complaint alleged that the release was void because it resulted from the lawyer’s breach of her fiduciary duties.

The court also refused to dismiss on statute of limitations grounds because there were factual issues regarding when the statute began to run.

White v. Richert, 2016 WL 3582083.

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

Recent Illinois Case: Bay Group Health Care LLC v. Ginsberg Jacobs LLC

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Malpractice case dismissed because purported “clients” (guarantors of loan) did not believe bank’s lawyers were representing them pursuant to a confession of judgment clause in loan documents. Portion of release in settlement agreement between bank and guarantors that released former agents and legal representatives of bank did not specifically release bank’s attorneys; portion of release that specifically mentioned attorneys did not apply to former attorneys; and interaction of two clauses meant that former attorneys were not released.

Bay Group Health Care LLC v. Ginsberg Jacobs LLC, 2015 WL 5174006.

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

Recent Illinois Case: Construction Systems, Inc. v. Fagelhaber, LLC

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In this recent case, the trial court granted summary judgment on a legal malpractice claim where the plaintiff former client had provided the defendant lawyers with a general release in connection with a fee dispute.  The First District reversed, finding that there would disputed issues of fact regarding whether legal malpractice claims were within the contemplation of the parties when the release was executed.

Construction Systems, Inc. v. Fagelhaber, LLC, 2015 IL App (1st) 141700 (2015)

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

Dowd and Dowd, Ltd. v. Gleason, 284 Ill. App. 3d 915, 672 N.E.2d 854 (1st Dist. 1996)

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Dowd and Dowd, Ltd. v. Gleason, 284 Ill. App. 3d 915, 672 N.E.2d 854 (1st Dist. 1996), judgment affirmed in part, reversed in part by 181 Ill. 2d 460 (1998)

Schrager v. Bailey, 2012 IL App (1st) 111943, 973 N.E.2d 932

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Schrager v. Bailey, 2012 IL App (1st) 111943, 973 N.E.2d 932 (no reliance clause)

Weisblatt v. Colky, 265 Ill. App. 3d 622, 637 N.E.2d 1198 (1st Dist. 1994)

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Weisblatt v. Colky, 265 Ill. App. 3d 622, 637 N.E.2d 1198 (1st Dist. 1994) (relationship terminated)

Goodman v. Hanson, 408 Ill. App. 3d 285, 945 N.E.2d 1255 (1st Dist. 2011)

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Goodman v. Hanson, 408 Ill. App. 3d 285, 945 N.E.2d 1255 (1st Dist. 2011)