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This is an unpublished Illinois First District Appellate Court decision issued May 12, 2026, reversing a circuit court grant of summary judgment in a legal malpractice case.
Background. Plaintiff Ricky Stewart was injured in 2017 when he fell while working in a Jewel grocery warehouse, ...
Courts are consistent that a legal malpractice plaintiff must have an expert witness to bring a legal malpractice claim. This is a barrier to brining malpractice claims, but it makes sense given that the jury must be informed of the standard of care. If you intend to bring a claim against your lawyer, make sure that you have considered this cost before the case begins.
Background
Plaintiffs Nick Merrifield and Merrifield Machinery Solutions sued ATS Advisors, James Sullivan, and Shane Randell for accounting malpractice and sought to recover attorney fees as an element of their damages. The Oakland Circuit Court dismissed that claim, and the C...
Malpractice cases arising out of litigation matters always involve some sort of claim involving the underlying case. This is one such case where the plaintiff claimed that its lawyers negligently waived a defense it had to an underlying claim. The trial court dismissed the complaint but the Appellate Division reinstated it. Park West is claiming that in the underlying p...
Kuzar v. Spar & Bernstein, 2026 NY Slip OP 50173, is a decision dismissing a legal malpractice action on the ground that the complaint did not allege sufficient facts to show that, but for the lawyer’s alleged error, the plaintiff would have won the underlying case.
The plaintiff, Juraj Kuzar, sued his former lawyers, Spar & Bernstein