Discovery

First District Reverses Dismissal on Statute of Limitations Grounds

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The First District reversed the dismissal of a legal malpractice claim on statute of limitations grounds.

Plaintiff argued that the law firm that represented his mother failed to properly assess her mental capacity when it helped her change her estate plan at the behest of his brother.  Consequently, when he was appointed her guardian, he had to expend funds to correct the estate plan.

The law firm moved to dismiss on statute of limitations grounds and argued that plaintiff was aware of wrongdoing more than two years prior to filing suit because he knew of his brother’s alleged undue influence.  The court held that there was an issue of fact whether plaintiff’s knowledge of his brother’s wrongdoing put him on inquiry notice of the law firm’s wrongdoing.  The court also held that the mother’s claims were tolled while she suffered from a disability, even though her son held her power of attorney, allegedly knew of her claims and could have brought suit on her behalf.

P. Andrew Katz, Individually and as Limited Guardian for the Estate of Alyce K. Newman v. Michael Hartz, Elizabeth Kreasy, and Katten Muchin Rosenman, LLP; 2021 IL App (1st) 200331

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