SCHULSON v. D'ANCONA AND PFLAUM LLC

No. 1-03-1653.

821 N.E.2d 643 (2004)

354 Ill. App.3d 572

290 Ill.Dec. 331

Michael SCHULSON, Plaintiff-Appellant, v. D'ANCONA AND PFLAUM LLC; Dean A. Dickie; Adelman, Gettleman, Merens, Berish and Carter, Ltd.; Howard L. Adelman; Sonnenschein, Nath and Rosenthal LLP; and Gerald Sherman, Defendants-Appellees.

Appellate Court of Illinois, First District, First Division.

Rehearing Denied January 28, 2005.


Attorney(s) appearing for the Case

Elliot R. Schiff of Schiff, Gorman & Krkljes, Richard A. Ginsburg, Chicago, for Appellant.

Perkins Coie, LLC, Chicago (William T. Cahill and Jeanne Cullen, of counsel), for Appellees Dean A. Dickie and D'Ancona & Pflaum.

Donohue Brown Mathewson & Smyth, Chicago (J. Kent Mathewson, John J. Duffy and Karen Kies DeGrand, of counsel), for Appellees Howard L. Adelman and Adelman, Gettleman, Merens, Berish & Carter, Ltd.


Presiding Justice CAHILL delivered the opinion of the court:

We are asked to decide whether a person sued for breach of contract may bring a third-party action for implied indemnity against lawyers who drafted the contract. The trial court held that a theory of implied indemnity will not support a third-party action where the underlying lawsuit against the third-party plaintiff is grounded exclusively in breach of contract.

Plaintiff Michael Schulson filed...

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