Serving Chicago For 18 Years

Law firm settles claim related to its failure to file a timely post-trial motion

Type of Injury: Case Dismissed; Loss of Appellate Rights
Type of Case: Professional Liability
Settlement Amount: Confidential

On or about October 13, 2011 the Dennis E. Both and the law firm of Brown, Udell, Pomerantz & Delrahim, Ltd. (“BUPD”) (collectively “the BUPD Defendants”) entered into an for legal services wherein the plaintiffs authorized the BUPD Defendants to engage in the practice of law on their behalf regarding post-trial proceedings (in the matter of Pearson, et al. v. Pastry Partners, Inc., et al. (Case No. 06 L 008245)) including “posturing of the remaining post-trial circuit court proceedings for an ensuring appeal”, i.e., filing timely post-trial motions and post-judgment proceedings. However, on January 9, 2012, when a post-trial motion was due to be filed in that matter, the BUPD Defendants did not file a post-trial motion with the Clerk of the Circuit Court. Further, the law firm of Brown, Udell, Pomerantz & Delrahim, Ltd. did not obtain either an order granting an extension that is entered on or before the deadline or file a post-trial motion on or before the deadline in order to preserve the trial court’s jurisdiction.

The post-trial motion was to be filed following a Final Judgment Order (Case No. 06 L 008245) was entered by Judge Budzinski setting forth, inter alia, the following:

  • Plaintiffs are responsible for $493,704.66 (jury verdict, attorneys’ fees and costs) to the defendants in that matter with respect to Count I; and
  • Plaintiffs are responsible for $228,960.49 to the defendants in that matter with respect to Count II.

On January 23, 2012, in Case No. 06 L 008245, Judge Budzinski, found that the trial court lost jurisdiction to consider/determine post-trial motions, denied the motion filed by the BUPD Defendants (on behalf of the plaintiffs) for leave to file a post-trial motion out of time.

NOTE: In order to compel the defendants to fully fund the settlement reached in July, the plaintiffs filed a motion to enforce the settlement, pursuant to 735 ILCS 5/2-2301 (Settlement of claims; payment). Only after Judge Kathy Flanagan set the matter for evidentiary hearing on October 16th and after the plaintiff’s served notices to produce a representative from the law firm of Brown, Udell, Pomerantz & Delrahim, Ltd. and a representative from The Hanover Insurance Group at the evidentiary hearing was the settlement fully funded.

What Each Defendant Paid: Dennis E. Both and the law firm of Brown, Udell, Pomerantz & Delrahim, Ltd. (confidential)

Insurance Company: The BUPD Defendants were insured by The Hanover Insurance Company.

For More Information

Fill out our online form