An Illinois Appellate Court held that a legal malpractice claim cannot be proven without a showing of damages. RealWheels Corp. v. John Crossan, 2021 IL App (1st) 120809-U. RealWheels Corporation (“RealWheels”) sued attorney John Crossan for legal malpractice claiming that Crossan was responsible for its failure to patent a “twist and lock” wheel cover. According to RealWheels, Crossan filed a provisional patent application and promised to remind RealWheels to file a regular patent the following year. Crossan then retired and did not communicate with RealWheels regarding the regular patent. Having missed the regular patent deadline, RealWheels lost the ability to patent its wheel cover. In Crossan’s motion for summary judgment, he argued that RealWheels could not prove that anyone had copied its invention, that it was unsuccessful in selling the invention, and that it experienced a significant decrease in sales of the wheel covers long before the patent issue. RealWheels provided no evidence to rebut Crossan’s claims. Therefore the circuit court granted his motion. The Appellate Court affirmed.
Illinois Legal Malpractice and Defense of Lawyers Blog — Novack and Macey LLP
(This is for informational purposes only and not legal advice.)