Malpractice Suits in Illinois Can Recoup Past Punitive Damages

Sept. 23, 2022, 7:30 PM UTC

Legal malpractice plaintiffs in Illinois can recover for punitive damages they incurred due to attorney negligence, despite a ban on punitive damages in malpractice cases themselves, the state’s top court ruled.

A unanimous Illinois Supreme Court ruled in favor of Midwest Sanitary Service Inc., which sought to recover $625,000 in punitive damages from Sandberg, Phoenix & Von Gontard PC, the law firm the company blamed for its loss in a whistleblower retaliation case.

Justice P. Scott Neville, writing for the court, agreed with the company’s argument that the $625,000 counted as compensatory damages in the malpractice case, even though the ...

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