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WILLIAMS v. KATZ

No. 93-3332.

23 F.3d 190 (1994)

Jerry G. WILLIAMS and Theresa Williams, Plaintiffs-Appellees, v. Allen B. KATZ and Goldberg, Fohrman, Weisman & Cairo, Limited, Defendants-Appellees. Appeal of UNITED AIRLINES, INCORPORATED, Intervening Petitioner, Appellant.

United States Court of Appeals, Seventh Circuit.

Decided May 5, 1994.

Rehearing Denied June 8, 1994.

Attorney(s) appearing for the Case

Mark S. Grotefeld (argued), Aneta B. Sunaitis, Robins, Kaplan, Miller & Ciresi, Chicago, IL, John P. Borman, Robins, Kaplan, Miller & Ciresi, St. Paul, MN, for plaintiffs.

Elliot R. Schiff, Craig Wynn Church (argued), Kevin F. Donohue, O'Connor, Schiff & Myers, Chicago, IL, for defendant-appellee.

Erica Nan Goldmann, John Francis O'Reilly, Thomas W. Weber (argued), Wiedner & McAuliffe, Chicago, IL, for appellant.

Before POSNER, Chief Judge, and COFFEY and ROVNER, Circuit Judges.

POSNER, Chief Judge.

We are asked to decide whether under the law of Illinois an employer that pays workers' compensation benefits to an injured employee may ever assert a lien in a judgment or settlement obtained by the employee in a suit for legal malpractice. The issue, a novel one in Illinois, has divided the other appellate courts to consider it. Compare Toole v. EBI Cos., 314 Or. 102, 838 P.2d 60

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