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Moore The Fifth District Appellate Court held that punitive damages are recoverable in legal malpractice cases, concluding that in such circumstances the punitive damages are “compensatory in nature.” “In short, we agree that punitive damages that are assessed against a litigant as a proximate result of the professional negligence of its attorney are not, in the context of a subsequent legal malpractice action against the attorney, punitive in nature but are, indeed, compensatory in nature and therefore not barred …” wrote Justice James Randy Moore in the ruling. Moore delivered the April 28 opinion with justices Mark Boie and John Barberis concurring. ....
Moore The Fifth District Appellate Court held that punitive damages are recoverable in legal malpractice cases, concluding that in such circumstances the punitive damages are “compensatory in nature.” “In short, we agree that punitive damages that are assessed against a litigant as a proximate result of the professional negligence of its attorney are not, in the context of a subsequent legal malpractice action against the attorney, punitive in nature but are, indeed, compensatory in nature and therefore not barred …” wrote Justice James Randy Moore in the ruling. Moore delivered the April 28 opinion with justices Mark Boie and John Barberis concurring. ....
Vaughan and Overstreet Barry Vaughan was sworn-in at the Fifth District Appellate Court in Mount Vernon on Monday to serve by appointment of the Illinois Supreme Court. Vaughan, 58, of McLeansboro, is an elected circuit judge in Hamilton County, of the Second Judicial Circuit. His appointment to the Fifth District came at the recommendation of Supreme Court Justice David Overstreet to fill the seat that had been occupied by Judge Mark Boie, who was elected to a permanent seat on the court in November. In his remarks, Vaughan described his love for reading about historical figures including Abraham Lincoln and Red Cross founder Clara Barton as a gateway for his interest in law. ....