03/31/2009
Joining Legal Malpractice Claim With Underlying Claim Does Not Guarantee Conventional Estoppel
Preferred Personnel Services, Inc., v. Meltzer, Purtill and Stelle, LLC, __ N.E. 2d __, 2009 WL 168259 (Ill. App. 1 Dist. 2009)
Brief Summary
Plaintiff joined a legal malpractice proceeding with the still unresolved underlying proceeding arguably giving rise to the malpractice claim. After the defendant on the underlying claim was dismissed on statute of limitations grounds, the court held that the plaintiff could not use collateral estoppel against the law firm to prevent it from arguing the statute of limitations issue.
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