Author archive: proliability13

Auditing Statements: The Critical Distinction Between Fact and Opinion

Often times, there is a very fine and sometimes even blurred line between fact and opinion. As the Second Circuit recently indicated in the case of In re Puda Coal Securities Inc., an accountant’s potential liability for its audit statements can largely come down to the fact that such statements … are nothing more than…

Corporate Boards Need to Think About Cybersecurity

It seems like we can’t go a week without hearing about a cybersecurity breach at a major US corporation. Corporate boards need to be aware that improper oversight of cybersecurity issues could lead to a shareholder derivative lawsuit. One such example from within the last couple of years is Palkon v. Holmes, 2014 WL 5341880,…

Statute of Limitation and Statute of Repose Expired? Not So Fast! A Medical Malpractice Claim May RELATE Back!

In a matter of first impression, the Illinois Appellate Court in Lawler v. University of Chicago Medical Center had to determine whether Illinois’ medical malpractice statute of repose bars applying the “relation back” doctrine to add a new claim under the Illinois Wrongful Death Act. The relation back doctrine allows an original, timely filed pleading…

In Illinois, Architects Not Required to Guarantee Habitability of Condos

Recently, the Illinois Appellate Court had to decide whether a claim for breach of the implied warranty of habitability can be brought against condominium architects purportedly responsible for alleged design defects—in particular, when the developer is insolvent. The court said no. Board of Managers of Film Exchange Lofts Condominium Association v. Fitzgerald Associates Architects P.C.,…

On a Not-for-Profit Board? Don’t Forget Your Fiduciary Duty

Board members of not-for-profit corporations are usually volunteers who offer their time and expertise to serve organizations they feel strongly about. Many times, however, board members either forget or don’t even realize they are in a fiduciary relationship with the not-for-profit they serve. According to Black’s Law Dictionary, a fiduciary relationship is a “relationship in…

He’ll Build a GREAT Wall: Architect Avoids Public Nuisance Claim

In Fisk v. Town of Redding, 138 A.3d 410 (Conn. App. 2016), the Connecticut Court of Appeals decided a plaintiff injured after a fall from a wall could not maintain a public nuisance claim against the architect who designed the project. The plaintiff fell from a retaining wall built as part of a bigger municipal…

Disciplinary Boards Do Not “Like” Lawyers’ Social Media Posts Criticizing Judges

In today’s digital age, people all too often take to social media to share their opinion on a wide array of matters.  Unfortunately, in the last few years, more and more lawyers are learning the hard way that their social media posts criticizing judges can have a lasting impact on their legal careers. For instance,…

Don’t Forget That One Member of O.J.’s “Dream Team” Got Disbarred

Over 20 years after the “Trial of the Century,” Americans are again captivated regarding the rise and fall of football legend and former Naked Gun actor O.J. Simpson. The FX television network’s The People v. O.J. Simpson: American Crime Story and ESPN’s five-part documentary O.J.: Made in America has reignited interest in “The Juice.” And…

Defending a Malpractice Action in Missouri? Don’t Forget to Check the Statute of Limitations

Introduction When defending a legal malpractice action, the first item on any attorney’s checklist should be whether the plaintiff has satisfied the statute of limitations. Under Section 516.120 RSMo, the statute of limitations for claims of legal malpractice is five years. And Section 516.100 provides “that for the purposes of sections 516.100 to 516.370,” a…

Law Firm Prevails in Pursuit of Attorney Fees, But at What Cost?

Introduction In Storino, Ramello & Durkin v. Rackow, 45 N.E.3d 307 (Ill. App. 1 Dist. 2015), a law firm prevailed in seeking nearly $110,000 in attorney fees from its former clients under a contingency fee agreement that rewarded the firm based on how much was saved in special assessments the Village of Bensenville had sought…

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