Brian Riordan and William Dickinson Successful in Legal Malpractice Suit

Clausen Miller attorneys Brian Riordan and William Dickinson have successfully defended a client against a legal malpractice suit. In Concepts Design Furniture, Inc. et al v. Fisher & Broyles LLP et al., Magistrate Judge Jeffrey Cole of the Northern District of Illinois ruled on June 23 that the complaint was outside the state’s statute of limitations.

The suit, filed in December 2021, alleged that Concepts’ former representation, Fisher & Broyles, did not adequately review the company’s insurance policy and advised them not to file an insurance claim in relation to an intellectual property dispute. Concepts asked for over $9 million in damages, which was denied.

Judge Cole noted that the statute of limitations for legal malpractice is two years and that Concepts’ malpractice claim originally dates to 2014. He also stated that he did not believe that Warr and Fisher & Broyles had anything to do with the company’s decision not to file an insurance claim, as Warr did not represent Concepts when it would have been time to file the claim.

Judge Cole further argued that it would have been more appropriate for Concepts to file the malpractice claim either in 2014 when the intellectual property dispute first arose, or in 2019 when their insurer rejected their claim.

This victory was reported on in Law360 Pulse, read the full article here. Subscription required.

In his practice, Brian Riordan represents professional indemnity and general liability carriers and their insureds in the full range of both litigated and non-litigated matters. He also specializes in the defense of cases involving commercial and professional liability, including the representation of attorneys, architects, engineers, insurance and investment advisors and broker/dealers.

William Dickinson is an experienced litigator whose practice includes commercial litigation, products liability, personal injury, professional liability and construction law. Will has successfully defended clients in diverse areas of law, including claims for wrongful death, personal injury, breach of contract, and property damage, achieving the positive resolution of cases through pretrial negotiation, mediation, summary judgment, and trial.