Timeliness

Recent Illinois Case: Bachewicz v. Holland & Knight

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In this unpublished opinion, the First District affirmed the trial court’s grant of summary judgment to a law firm.

The court held that the case was time-barred despite the plaintiff’s argument that he did not know the amount of his damages until less than two years from the time he brought his claim. The court held that it is not necessary to know the amount of damages for the statute of limitations to begin to run.

The court also held that the plaintiff failed to create a genuine issue of fact sufficient to defeat summary judgment because he did not identify the documents that allegedly led him to discover his damages.

Finally, the court affirmed summary judgment for the defendants on the plaintiff’s legal malpractice claim arising out of a transfer of real estate with which the defendants assisted because the plaintiff admitted that the transfer occurred after the attorney-client relationship had terminated.

Bachewicz v. Holland & Knight, 2016 IL App (1st) 153394-U

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

Recent Illinois Case: Mustafa v. NSI International, Inc.

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The Northern District dismissed a legal malpractice claim in which a former employee attempted to sue her employer’s attorney. The court held that the attorney owed no duty to the former employee and that the claim was time barred.

Mustafa v. NSI International, Inc.,  2016 WL 6778888

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

Recent Illinois Case: In re Estate of Zeid v. Hays and Aronberg Goldgehn Davis & Garmisa

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In this unpublished opinion, the First District analyzes several malpractice claims to determine whether they were properly dismissed as time barred.

For the most part, the analysis turned on whether the various claims related back to a timely filed complaint. In turn, that analysis turned on whether the various claims did or did not arise out of the same transaction as the timely complaint.

In re Estate of Zeid v. Hays and Aronberg Goldgehn Davis & Garmisa, 2016 IL App (1st) 153275-U.

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