The case is captioned American Inter-Fidelity Exchange v. Hope, 17 C 7934, the District Court for the Northern District of Illinois rejected a law firm’s summary judgment motion based on the doctrine of judicial error. Usually, if there is a judicial error, that would constitute a defense to a legal malpractice claim. Here, as we shall see, the district court rejected the defense.
The underlying facts were mundane – the insured Rypninskiy was involved in an auto accident and was sued by
The insurance company filed a declaratory judgment action against Iurii Rypninskyi on the ground that he had not cooperated in the defense of an auto accident case filed against him. The insurance company argued that Rypninskyi did not cooperate in the defense of his case. Rypninskyi, in turn, sued Cassiday Schade, LLP, alleging that the law firm committed legal malpractice in the defense of the action.