DRI Professional Perspectives: Failure to Plead "But for" Causation Leads to Dismissal of Malpractice Claim
Hinshaw attorney Terry McAvoy had an article published in today's DRI Professional Perspectives newsletter. McAvoy discusses the recent Seventh Circuit decision in West Bend Mutual Ins. Co. v. Schumacher, a case in which the plaintiff, a worker's compensation insurer, had filed a legal malpractice action against former defense counsel alleging negligence for having admitted liability when defending a workers' compensation claim. He explains how the Seventh Circuit affirmed the district court's dismissal for failure to state a claim and held that the plaintiff failed to allege plausibly that it lost an actual, specific and meritorious defense in the underlying workers' compensation proceeding.
"Seventh Circuit Affirms Dismissal of Malpractice Claim Based On Plaintiff's Failure to Plead "But For" Causation" was published by DRI Professional Perspectives, February 7, 2017. The article was originally published as a Hinshaw alert, January 7, 2017.