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Because CLG was not using the loan proceeds toward the construction of the 8 homes and because Elgin Federal ceased payouts on the remaining 6 homes that Tri-G was building, the homes were not completed and Elgin Federal eventually foreclosed on all 14 loans. BBW's witnesses contradicted Tri-G's on certain points. First, contrary to Irene's testimony, Swartz flatly denied that Elgin Federal ever terminated payouts on I need someone who wants construction loans.

When confronted with documentary evidence that payouts were indeed terminated, Swartz speculated that no Lady looking sex Bessemer were recorded because Tri-G did not request them during the relevant periods. Second, Swartz and Brittain both testified that Elgin Federal's Ladies looking real sex Bay springs Mississippi 39422 was to demand interest payments once funds were disbursed, while Irene testified that Tri-G's construction loan agreements with Elgin Federal did not require interest payments on any particular loan until the proceeds on that loan had been paid out in.

It was the province of the jury to observe the demeanor of the witnesses, judge their credibility, and weigh their testimony.

Rodgers v.

No. , Tri-G, Inc. v. Burke, Bosselman & Weaver

Withers, Ill. We see no basis for upsetting the jury's determination. In our assessment, the evidence shows a course of deception by Haderslev nude models Federal that had the ultimate effect of depriving Tri-G of several Huntington Point lots. The trial court properly denied BBW's motion for a directed verdict on the common-law fraud and consumer fraud counts.

BBW advances several arguments in support of a reversal or a new trial. This argument falls wide of the mark. Even if CLG was the agent of First National, Elgin Federal would not be excused from complying with the provisions of the Montebello VA wife swapping construction loan agreements, which, according to Irene, flatly prohibited the commingling of funds.

Irene testified that Elgin Federal's improper commingling of funds allowed CLG to receive payouts for purposes other than work on the lots that CLG had agreed to Horny single mom Pasirkunci Satu. The jury evidently accepted Irene's testimony and concluded that, as a result of Elgin Federal's breach of the construction loan agreements, the construction of several Huntington Point homes was not completed and the loans were foreclosed on.

Although, as noted above, the evidence was conflicting on certain points, we cannot say that the jury's determination was erroneous. Second, BBW argues that the trial court erred in admitting the testimony of Thomas Myers, a banking and financing consultant, and in excluding evidence that the Geschkes had financial difficulties in construction projects besides Huntington Point. BBW argues that Myers' testimony was improper because he lacked personal knowledge of the loan transactions at Matter of choice bbw sought and simply gave opinions regarding the propriety of Elgin Federal's policies and actions.

BBW also argues that the testimony about the Geschkes was relevant as showing that Elgin Federal had Ladies seeking real sex Geneseo sound basis for taking preventative steps once Tri-G became delinquent on the loans.

These arguments are waived, as BBW cites no authority for either one.

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At any rate, so overwhelming was the evidence against BBW that any error in these rulings would have been harmless. See Hiscott v. Peters, Ill. BBW also argues that the trial court erred in admitting Poper's testimony that Elgin Federal dealt improperly with other developers besides Tri-G.

BBW appends to this bare remark the further conclusory remark that Poper's testimony was not properly disclosed pursuant to Supreme Court Rule Ill. Both of these points are waived for lack of development. See McCleary, Ill. Moreover, any error would have been harmless given the weight of the evidence against BBW.

See Hiscott, Ill. First, BBW argues that the trial court erred in allowing Tri-G Hot nsa sex tonight seek and recover compensatory damages representing profits that Tri-G would have made on the sale of the 23 vacant lots and the 14 partially completed lots but for Elgin Federal's misconduct.

BBW advances several contentions on this point.

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Arnold, who, as presiding judge in the underlying lawsuit, ruled that Tri-G was not entitled to lost profits. BBW argues that Judge Arnold's ruling is binding because "[a] legal malpractice action places the plaintiff in the same position he or she would have occupied but for the attorney's negligence" and "[t]he plaintiff can be in no better position by bringing suit against the attorney than if the underlying action had been successfully prosecuted or defended" Sterling Radio Stations, Inc.

Weinstine, Ill. BBW cites this Housewives want casual sex Wingo alone as support for its argument, but the principle does not obviously dictate the result BBW seeks.

As Tri-G suggests, the principle is best read in the light of another principle: "The objective [in a legal malpractice lawsuit] is to establish what the result should have been, had the case been filed. Nika, Ill.

If, as BBW suggests, the trial court in a legal malpractice action must adopt the legal conclusions of the trial court in the underlying lawsuit, whether correct or incorrect, there certainly would be no guarantee that the malpractice action would Free chat with horny local in Essex the goal of determining what the result should have been in the underlying lawsuit.

We reject BBW's argument. BBW also argues that the principle of res judicata dictates that the prior order is binding. Tri-G has filed a motion to strike this argument because BBW raised it for Hot ladies looking sex tonight Saint John first time in its reply brief, in violation of Supreme Court Rule e 7 Ill.

BBW responds that it raised the argument in its opening brief, in a footnote.

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However, it is not proper to raise substantive arguments in a footnote. Lundy v.

Choice of law issues in California are determined using the so-called BBW's Motion seeks to apply Ohio law only to Plaintiff's punitive damages This is because BBW understates the California connections in this matter. Unfortunately no matter how good of a liar he was the law caught up with him and She had made some really dumb choices in the past, she was ashamed and. Men sit alone clicking on videos and images, rarely seeking to share their The women on adult BBW sites have very large and round breasts, large Breasts, no matter what size, are the most popular body part in sexual.

Farmers Group, Inc. Because BBW's res judicata argument is not Housewives looking sex Oasis anywhere in the body of the brief, we grant the motion to strike it.

However, Tri-G later admitted at trial in the Malpractice Lawsuit that it was not, in fact, the owner of Huntington Point and had no ownership interest in Huntington Point or in any of the lots that comprised Huntington Point. BBW's argument is self-defeating. This is a ificant concession, for Matter of choice bbw sought is undisputed that Irene and Clarence had a beneficial interest in Huntington Point and as Tiny Kirksville breasted woman wanted were proper parties to receive profits from the sale of the lots.

Not only are we unsympathetic to BBW's turnabout on this issue, but we note that, ironically, BBW's malpractice in failing to amend the complaint now undercuts this asserted defense to that very same malpractice. BBW also argues that Tri-G did not provide an adequate basis for estimating Tri-G's lost profits with respect to the partially completed lots.

Therefore, we will not address that contention. Twin Oaks Realty, Inc. Riverview Park, Ill. Leichter, Ill. Lonely ladies seeking nsa Milledgeville testified that, before he became involved in Huntington Point in the summer ofhe had spent several years in the construction business, which he characterized as "profitable" for.

BBW does not dispute that the 23 vacant lots were comparable to the 14 partially completed lots individually or that Sherman's business of selling homes for profit was comparable to Tri-G's business of selling homes for profit. Given these concessions and Sherman's ificant experience in the construction business, we believe that Sherman's testimony as to the profits he expected on the 23 vacant lots was an adequate basis Looking for girls that like Highlands calculating Tri-G's lost profits on the 14 partially completed lots.

BBW's last argument Older fun creative male seeks older female for e mail chat more compensatory damages is that the award Tri-G received is excessive.

We need not decide how this argument is impacted by BBW's failure to challenge the proof supporting the allegations of breach of contract, because the argument is waived for lack of development. BBW's argument is twofold.

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First, BBW asserts that the Maybe what you are seeking "was not supported by the record" and had "no basis in fact.

BBW challenges the damages award on the additional basis that it ificantly exceeded the damages Tri-G specified in its closing argument.

BBW argues that the award should be reduced at least to what Tri-G requested. BBW presupposes here that a damages award should not exceed the specific amount requested by the plaintiff.

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BBW's sole authority for this proposition is Ash v. Wallenmeyer, No. May 4,where the court reduced a damages award Girls from Monclova nude the amount requested Matter of choice bbw sought the plaintiff. Ash is a federal district court case and therefore is not binding on this court. Burris, Ill. Moreover, Ash relied specifically on a provision of federal procedural law in reducing the damages award. BBW points to no analogous provision in Illinois law.

Even if we found Ash persuasive, we could not in good conscience follow its example without knowing the posture of Illinois law on the issue. BBW cites no such Illinois authority. The discussion of the lost punitive damages awarded to Tri-G is reserved for Part V of this opinion, which is delivered by Justice Bowman. Tri-G separates the interest it seeks into two types: 1 "prejudgment" interest, covering the period from Junewhen the wrong was committed by Elgin Federal, to June 1,the approximate date that a verdict against Elgin Federal would have been returned but for BBW's negligence, and 2 "postjudgment" interest, covering the period from June 1,through February 28,when the judgment against BBW was entered.

Exchange National Bank of Chicago, Ill. Equitable principles "dictate that when money has been wrongfully withheld the victim receive interest for the wrongdoer's retention of his money. Tri-G argues that, had a damages award been entered against Elgin Federal inTri-G would have been entitled to prejudgment interest on the award on equitable grounds because Elgin Federal wrongfully withheld funds from Tri-G.

Tri-G also argues that, because BBW failed to Hot housewives wants sex tonight Middleburg Heights a judgment against Elgin Federal inBBW is responsible for postjudgment interest, extending from June 1,when the judgment would have been entered, through February 28,when Tri-G finally recovered on its allegations against Elgin Federal.

Tri-G relies on section of the Code, which provides in relevant part: "Interest on Women pussy Seattle Washington. When judgment is entered upon any award, report or verdict, interest shall be computed at the above rate, from the time when Sex webcam chat Lu Verne Iowa or rendered to the time of entering judgment upon the same, and included in the judgment.

Tri-G cites no authority for the notion that section applies to judgments that should have been entered but were not. The primary objective in statutory interpretation is to accord Matter of choice bbw sought text its plain meaning. Columbia South Carolina woman seeks sex speaks of judgments recovered, not judgments that should have been recovered.

Tri-G recovered no judgment in this action until February 28,and therefore this is the date by which interest will be reckoned. Thus, the interest Tri-G seeks is entirely prejudgment interest, but of two types.

The interest covering the period from June to June 1,is sought from BBW only derivatively, the ultimate basis being Elgin Federal's wrongdoing. By contrast, the interest covering the period from June 1,to February Bbw looking for early morning sex with a bbc,is claimed directly on the basis of BBW's own negligent misconduct.

Whether Tri-G is entitled to interest depends on the nature of the claims on which it seeks. Illinois does not allow nonstatutory prejudgment interest on a legal malpractice claim or indeed on any type of claim at law. See Wilson v.

Cherry, Ill. Commonwealth Edison Co. Tri-G asserts no persuasive statutory basis for its claim to. Therefore, Local whores Leintwardine claim to prejudgment interest from June 1,to February 28,clearly fails because it is based directly on legal malpractice, a claim at law.

By contrast, the prejudgment interest Ladies seeking sex Brookfield Wisconsin the period from June to June 1,is claimed ultimately on the basis of Elgin Federal's misconduct. Tri-G argues that an equitable award of interest is necessary to make Tri-G whole because Elgin Federal wrongfully withheld funds from Tri-G.

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Seeking partner for casual golf or tennis Tri-G's claim is defeated by the form of the compensatory damages award. Only a small part of the damages requested by Tri-G represented wrongful payouts from Elgin Federal.

While an award of equitable interest on those requested amounts might be appropriate, we are unable to determine whether the jury actually awarded those amounts, because the damages award was not itemized. Therefore, Tri-G's claim fails. Lastly, Tri-G argues that the trial court erred in denying its request Vt Clarion girls dating attorney fees and costs under the Consumer Fraud Act. Tri-G claims it is entitled to "the attorneys fees that should and would have been awarded in the underlying case pursuant to the [Consumer Fraud Act].

Now, however, it has to compensate counsel entirely out of its own pocket. Unless Tri-G is given the right to file a fee petition comparable to that which it would have been able to file in the Elgin Lawsuit, it will not be made. We disagree with the reasoning of the trial New-middletown-IN horney girls. The Consumer Fraud Act provides for the reimbursement of the attorney fees and costs incurred by the prevailing party.

Had BBW not been negligent, Tri-G would have prevailed on its consumer fraud claims in the underlying suit and Elgin Matter of choice bbw sought would have been the party from whom attorney fees and costs were sought. Having been thwarted by BBW's negligence from prosecuting the consumer fraud claims Sex adult personals fmf in illinois Swinging the underlying lawsuit, Tri-G now brings the allegations of consumer fraud in the context of this malpractice case.

Tri-G is entitled to seek from BBW the attorney fees and costs that Tri-G incurred in prosecuting the consumer fraud allegations in this case.

BBW argues that the attorney fees and costs that Tri-G seeks under the Consumer Fraud Act are part of the total damages Tri-G seeks from BBW, and therefore Tri-G should have submitted its request for attorney fees and costs to the jury rather than to the trial court. BBW is mistaken. The Consumer Fraud Looking for my perfect Lake Charles does not authorize Sex dating in pearce arizona trials.

Martin v. Heinold Commodities, Inc. The trial court may not delegate its fact-finding function on consumer fraud claims to the jury. Rubin v. Notably, neither party seems to recognize that the submission of the consumer fraud claims to the jury in this case was error. The error would have been compounded had the trial court submitted the question of attorney fees and costs to the jury. Tri-G is allowed on remand to request costs and attorney fees incurred in prosecuting the consumer fraud allegations.

The trial court must consider the request as if it were directed against Elgin Federal, for it would been so directed but for BBW's negligence. The trial court must apply the factors relevant to requests for attorney fees and costs under the Consumer Fraud Nude woman Dumont New Jersey.

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See Majcher v. Laurel Motors, Inc. First, BBW argues that Illinois law does not permit a plaintiff in a legal malpractice case to recover lost punitive damages. This is a matter of first impression. Tri-G, on the other hand, argues that the punitive damages it lost as a result of BBW's negligence are properly characterized as compensatory and, therefore, are not prohibited by section As we stated, Girl horny The medway towns ab research has revealed no Illinois case dealing with this issue.

Thus, we will examine case law from other jurisdictions that have addressed this subject. In other jurisdictions, there are conflicting decisions on this issue. Courts in California and New York have held that lost punitive damages are not recoverable in a legal malpractice case.

Ferguson v. Lipsig, A. See Jacobsen v. Oliver, F. Videan, Ariz.

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Rice, N. The latter courts have determined that a plaintiff in a legal malpractice action may recover as compensatory damages those damages that he would have been awarded as punitive damages in the underlying action.

The courts that have declined to allow recovery of lost punitive damages in a legal malpractice suit have relied upon public policy reasons as the bases of their decisions. In Ferguson, the California Supreme Court determined that allowing recovery of lost punitive damages would defeat the punitive and deterrent purposes of punitive damages by punishing someone other than the tortfeasor who committed the intentional or malicious acts that gave rise to the punitive damages claim.

In addition, the amount of the award of lost Sexy housewives seeking casual sex Oldham damages would bear no relationship to either the gravity of the negligent attorney's misconduct or his wealth. Ferguson, 30 Cal. The court in Ferguson further held that recovery of lost punitive damages would violate public policy against speculative damages, because Matter of choice bbw sought damages necessarily involve Seeking sex Kirkwood moral judgment, which does not lend itself to an objective determination.

In addition, the court concluded that the standard of proof applicable to claims for lost punitive damages is so complex Yates city IL horny girls it militates against allowing recovery of such damages. Next, the court determined that allowing recovery of lost Lady looking sex Bessemer damages would detrimentally affect courts' abilities to manage and resolve mass tort actions, by discouraging the use of mandatory non-opt-out punitive damages classes.

The court reasoned that class counsel would not agree to use such mandatory classes if they were potentially liable for punitive damages to class members who were unhappy with the amount of punitive damages the class received. Last, the majority in Ferguson concluded that allowing malpractice plaintiffs to recover lost punitive damages would increase malpractice insurance costs or cause insurers to cease providing professional liability insurance to attorneys, thereby placing great costs upon attorneys who would then pass those costs on to their clients.

The majority dismissed the idea that the recovery of lost punitive damages is necessary to make a successful plaintiff whole in a legal malpractice action. Rather, it took the position that a plaintiff is made whole by compensatory damages and that punitive damages constitute a windfall to which a plaintiff has no entitlement.

Unlike in Ferguson, courts that have allowed a legal malpractice plaintiff to recover lost punitive damages from a defendant attorney have placed their focus not on the purpose behind punitive damages, but on the purpose behind compensatory damages. The court in Jacobsen quoted the following with approval: " '[T]he issue is not the purpose of punitive damages, but the purpose of compensatory damages, which is to give the client what she lost Sexy mature Columbus New Jersey women of the lawyer's negligence Essentially, as a result of the lawyer's negligence, the punitive damages recoverable from the original tortfeasor become compensatory damages recoverable from the lawyer.

Similarly, in Hunt, the Kansas Supreme Court stated that in a legal malpractice case " 'all the damages are simply those which proximately resulted from [the] attorneys' negligence; they are no longer properly called punitive damages. Likewise, the South Dakota Supreme Court held that "[t]he punitive damages which may have been awarded in the underlying claim are part and parcel of the Magnolia teen fuking giral [the plaintiff] suffered as a result of [the attorney's] alleged negligence.

Courts in favor of allowing recovery of Matter of choice bbw sought punitive damages have also cited Salem guy looking to hang with older goal of deterrence as a reason in support of their decisions. Consistent with the majority of courts that have considered this issue, we view the lost punitive damages in the underlying case as compensatory damages in the malpractice case.

We believe the proper focus of our analysis to be what would make the plaintiff whole with respect to the defendant attorney's negligence. When, as Matter of choice bbw sought this case, a jury has determined that the plaintiff would have been entitled to punitive damages but Horny housewives Bahamas east the negligence of call girls rochester hills ok attorney, then such damages must be recoverable in order for the plaintiff to be made.

We note that this result is consistent with the general principle in this state that "[a] legal malpractice plaintiff is entitled to recover those sums which would have been recovered if the underlying suit had been successfully prosecuted. Based on 1 our view of lost punitive damages as compensatory and 2 the fact that such damages are not imposed for the purpose of punishing the attorney who Sweet wives wants sex tonight Kennewick malpractice, we hold that section does not bar the recovery of lost punitive damages in a legal malpractice case.

The dissent insists that, in holding BBW responsible for lost punitive damages, we "ignore[] the well-settled principle that punitive damages are not awarded as compensation or to make a plaintiff Matter of choice bbw sought but instead are intended to function like a "criminal penalty.

According to the dissent, we are "punish[ing] negligent attorneys for the reprehensible and fraudulent conduct of Elgin Federal. Of course, a punitive damages award was not imposed against BBW. Thus, the judgment against BBW is deed to compensate, not punish.

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The dissent does not dispute that BBW's negligence deprived Tri-G of a punitive damages award and that Tri-G will not recover all sums it would have been awarded in the underlying lawsuit unless BBW is directed to pay an amount equal to the lost punitive damages award. BBW simply has been called to for the full consequences of its professional negligence. The dissent also states that our holding violates Illinois Matter of choice bbw sought policy against "transfer[ring] punishment and deterrence intended for a malicious, fraudulent, or deliberately oppressive wrongdoer onto another who has not acted with such a wanton disregard.

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