Pretzel & Stouffer

Novel aiding and abetting theory against attorney dismissed

Partners Jim Sipchen recently obtained dismissal of a claim brought by seller of business against an attorney who represented the purchaser on the opposite side of the transaction. Attempting to seize upon recent Illinois decisions that allow aiding and abetting claims to be brought against attorneys in some situations by non-clients, the plaintiff alleged that the attorney was liable for aiding and abetting a fraudulent transfer covered by the Uniform Fraudulent transfer Act. Jim was able to successfully argue for the client that the plaintiff’s theory did not state a cause of action.

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