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MOUNT VERNON – In ten years when Fifth District appellate court candidates Michael McHaney and Barry Vaughan presided as circuit judges, the appellate court reversed McHaney 12 times and Vaughan three times in civil court litigation. ....
Union Pacific Railroad was denied a fair trial in St. Clair County Circuit Judge Heinz Rudolf's court because of plaintiff counsel's "inflammatory and improper" closing argument, the Fifth District Appellate Court ruled April 28. ....
A St. Louis law firm and two attorneys are petitioning the Illinois Supreme Court to review the Fifth District Appellate Court’s ruling that punitive damages are recoverable in legal malpractice cases. ....
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. ....
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. ....