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Fifth District says punitive damages are recoverable in legal malpractice suit involving $785K jury verdict


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.  ....

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Fifth District: Punitive damages are recoverable in legal malpractice suit involving $785K jury verdict


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.  ....

Madison County , United States , Wood River , George Ripplinger , Mark Boie , Dennis Ruth , David Dugan , Justice James Randy Moore , Justice David Overstreet , Narcisa Symank , John Gilbert , Google Re , Nancy Donovan , John Barberis , Thomas Welch , Justice Thomas Welch , Ripplinger Zimmer , District Appellate Court , Environmental Protection Agency , Madison County Circuit Court , Illinois Supreme Court , Midwest Sanitary Service , Trig Inc , Fifth District Appellate Court , Madison County Circuit Judge David Dugan , Sandberg Phoenix ,

Vaughan sworn in at Fifth District; Vacancies announced with Bleyer retirement, Boie election


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. ....

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