Appellate Court affirms dismissal of malicious proseuction and related claims

Posted by Bradford S. Purcell | Aug 18, 2014 | 0Comments

The First District Appellate Court affirmed the dismissal with prejudice that P&W obtained with respect to claims against a law firm and its attorneys. The attorneys represented a condominium association in its suit seeking to compel the developer to obtain a certificate of occupancy and seeking to resolve other disputes. The developer brought counterclaims against the association and its attorneys, alleging that the attorneys had engaged in malicious prosecution and “aided and abetted” the association in a breach of fiduciary duties. On appeal, Mike Sanders and Tom Underwood obtained a ruling affirming the dismissal of those claims on the basis that the attorneys reasonably brought their suit with probable cause and did not knowingly assist any breach of fiduciary duties.

 2444 W. Diversey Condo. Ass'n v. 2444 W. Diversey, LLC, 2014 IL App (1st) 131991-U


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