Brannen v. Siefert: A (Legal Malpractice) Case Study (Ill. First Dist.)

The Featured Case: Brannen v. Siefert, 2013 IL App (1st) 122067, ¶ 52 (11.19.13)   The Facts: Plaintiffs – a land trustee and trust beneficiary – sued the Underlying Defendants, an attorney and his wife, for breach of a written real estate contract for the purchase of a home owned by the plaintiffs.  The strangely worded contract, drafted by Underlying Defendants, called …

Contractor Invoices Not Hearsay Where Offered to Show “Effect On Recipient”

In In re 3RC Mechanical & Contracting Services, LLC v. Climatemp, Inc., 2013 WL 6172673 (N.D.Ill. 2013), the Debtor’s trustee sued the defendant for breach of a construction contract. The defendant moved for summary judgment and supported the motion with its project manager’s affidavit and over 30 exhibits  – mainly invoices and bills.  The Trustee moved to strike about …

7 Blown Discovery Deadlines Over 18 Months = Dismissal With Prejudice As Rule 219 Sanction (IL 1st Dist.)

Let’s see.  12 court hearings over a year-and-a-half devoted entirely to discovery disputes.  7 missed deadlines – 3 of which were “final” – and one of those 3 was even “final, final, final, final, final!”.  And still – no discovery compliance from the plaintiff.  There  was even an intermediate contempt sanction of a $500 fine and another court order …