Tagliasacchi v. Morrone, 2017 IL App (1st) 171178-U

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In this unpublished opinion, the First District affirmed the dismissal of a third-party malpractice claim. The court held that the attorney for an estate owes her duty to the estate in the event of a conflict among estate beneficiaries, which was the case here. Accordingly, the plaintiff could not show that the primary or direct purpose of the retention of the defendant attorney was to benefit her, and the attorney owed no duty to the plaintiff.

Tagliasacchi v. Morrone, 2017 IL App (1st) 171178-U

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

 

 

 

Barefoot Architect , Inc. v. Sabo & Zahn, 2017 IL App (1st) 162616-U

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In this unpublished opinion, the First District affirmed the dismissal of a legal malpractice claim on statute of limitations grounds and a breach of fiduciary duty claim resulting from a bankruptcy case where the plaintiff had hired attorneys other than the defendants to represent in those proceedings. The court held that, ordinarily, a cause of action for malpractice accrues when a court enters an adverse judgment against a malpractice plaintiff. Here, the statute of limitations had run even using the date the appellate court entered an adverse judgment against the plaintiff. The court held that the lawyers’ statements that the court had erred did not establish were insufficient to preclude application of the statute of limitations under theories of fraudulent concealment or equitable estoppel.

Barefoot Architect , Inc. v. Sabo & Zahn, 2017 IL App (1st) 162616-U

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

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.)

Brook v. McCormley, 873 F.3d 549 (7th Cir. 2017)

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The Seventh Circuit affirmed the dismissal of a legal malpractice claim on the ground that Illinois lacked personal jurisdiction over an Arizona lawyer and the Arizona firm where he worked. The court did a traditional personal jurisdiction analysis. It first noted that there were no allegations of general jurisdiction over defendants. As to specific jurisdiction, the court noted that the lawyer and law firm were engaged by an Illinois resident for representation related to Arizona land. The lawyer and law firm did not solicit the client and never traveled to Illinois. There were telephone and other contacts with the Illinois resident. Nonetheless, the court held that the lawyer did not create contact with Illinois sufficient to establish specific jurisdiction.

Brook v. McCormley, 873 F.3d 549 (7th Cir. 2017)

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

Mareskas-Palcek v. Schwartz, Wolf & Bernstein, LLP

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The First District affirmed the dismissal of conversion and breach of fiduciary duty claims against a lawyer and law firm that allegedly closed a real estate sale the day after their client died. The court held that the executor of the estate of the client was the proper party to bring the claim and that the plaintiffs, who were beneficiaries of trusts that were to receive the sale proceeds, did not have standing to bring suit. The court also held that the plaintiffs were not the lawyer’s clients and were not owed a duty by the lawyer because the primary purpose for the lawyer’s retention was not to benefit plaintiffs.

Mareskas-Palcek v. Schwartz, Wolf & Bernstein, LLP

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

Laurent v. Johnson

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The Third District affirmed the grant of summary judgment in a legal malpractice case.  The court held that plaintiff had no evidence that she would have been successful in the underlying case within a case but for the legal malpractice because she failed to satisfy the “discrepancy rule” for an insurance case.  The court also held that there was no evidence that the settlement of the underlying case was depressed by the alleged malpractice because the plaintiff settled her underlying case before the court dismissed it.  Thus, there was no evidence of either causation or damage.

Laurent v. Johnson, 2017 IL App (3d) 160627

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

Hilton v. Foley & Lardner, LLP

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In this unpublished opinion, the First District affirmed the dismissal of conversion and breach of fiduciary duty claims brought by an individual and affirmed the grant of summary judgment with respect to legal malpractice claims brought by an LLC.

As to the individual’s claims, the court affirmed the dismissal on statute of limitations grounds.  The plaintiff should have known of the defendant lawyer’s conflicted representation of the plaintiff when his lawyer wrote a letter to defendant’s lawyer on the issue.  Moreover, the court noted that the two-year statute of limitations applies to any claim against a lawyer (even if it is not a legal malpractice claim) sounding in tort, contract or otherwise and arising out of professional services, even if the claim is brought by a non-client.

As to the LLC’s claim, the court held that there was no evidence that the lawyer’s conduct proximately caused any loss.   There was no evidence that another lawyer representing the LLC would have acted differently and the plaintiff did not depose managing member of the LLC to try to adduce that evidence.

Hilton v. Foley & Lardner, LLP, 2017 IL App (1st) 162450-U

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