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Articles Posted in Motions to Dismiss

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Tolling Agreement Supersedes Statute of Limitations in Legal Malpractice Case

The Illinois Appellate Court for the 1st District ruled May 7 that a legal malpractice class action against the law firm DLA Piper Rudnick Gray Cary could not go on because it was filed well after a tolling agreement ended. In Joyce v. DLA Piper Rudnick Gray Cary LLP, 1-07-1966…

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Northern District of Illinois Federal District Judge Rules That Bona Fide Error Defense in a Putative FDCPA Class-Action Must be Pled With Particularity Under Rule 9

Judge Dow of the Federal Court for the Northern District of Illinois dismissed without prejudice a bona fide error defense in a putative Fair Debt Collection Act class-action for failure to plead facts akin to the “first paragraph in any newspaper story.” The Court ruled that a bona fide error…

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