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LANDAU, OMAHANA & KOPKA v. FRANCISCAN SISTERS HEALTH CARE CORP.

No. 1-00-1243.

752 N.E.2d 570 (2001)

323 Ill. App.3d 487

256 Ill.Dec. 690

LANDAU, OMAHANA & KOPKA, LTD., a professional corporation, and Robert A. Bower, Plaintiffs-Appellants, v. FRANCISCAN SISTERS HEALTH CARE CORPORATION, d/b/a St. Therese Medical Center, Bruce Sands, M.D., Rodney Haenschein, M.D., Richard Keller, M.D., Thomas Braniff, M.D., Michael Oster, M.D., Philip Gillespie, M.D., individually and d/b/a Northern Illinois Emergency Physicians, an Illinois general partnership, also known as Tri-County Emergency Physicians, Ltd., Defendants-Appellees.

Appellate Court of Illinois, First District, Third Division.

Rehearing Denied July 12, 2001.

Attorney(s) appearing for the Case

Clausen Miller P.C., of Chicago (James O. Nolan, Edward M. Kay, Richard M. Kaplan, and Imelda Terrazino, of counsel), for Appellants.

Robert A. Egan P.C., of Chicago (Robert A. Egan, and Noelle Ansley, of counsel), for Appellees.

Hinshaw & Culbertson, of Chicago (David H. Levitt, and Christine L. Olson, of counsel), for Appellee Franciscan Sisters Health Care Corporation, d/b/a St. Therese Medical Center.

Justice WOLFSON delivered the opinion of the court:

This is a peculiar case. It raises questions about whether a promise not to enforce a judgment was made and why it would have been made. We are asked to explore lawyers' motives and stratagems.

The controversy was triggered by a legal malpractice complaint file by Northern Illinois Emergency Physicians (Northern Illinois) against a law firm, Landau, Omahana, & Kopka, Ltd. (Landau). Not this case. Before...

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