On November 9, 2022, Brian H. Sanchez won a decision in the Fifth District Appellate Court, which affirmed the dismissal of a putative class action for legal malpractice. Plaintiffs had filed suit against their former lawyers alleging claims for constructive fraud and negligence arising out of Defendants’ representation of Plaintiffs in toxic tort litigation against Monsanto Company and Cerro Flow Products. Plaintiffs alleged that Defendants entered into an aggregate settlement with Monsanto but intentionally or negligently failed to adequately disclose to Plaintiffs various terms and effects of the settlement. Brian represented two of the Defendants and moved to dismiss on the basis that Plaintiffs had failed to plead any injury proximately caused by Defendants’ alleged breach of duty. The trial court dismissed Plaintiffs’ complaint and the Fifth District Appellate Court affirmed, finding Plaintiffs failed to plead proximate cause to damages. See, Swanigan et al. v. Cade et al., 2022 IL App (5th) 220192-U.
