Novack and Macey LLP

The Northern District of Illinois dismissed a count of a complaint for breach of fiduciary duty that duplicated a claim for legal malpractice. The plaintiff alleged that the counts alleged different acts of wrongdoing,  but the court held that the plaintiff could not avoid the rule against pleading duplicative claims by arbitrarily assigning some facts to the breach of fiduciary duty count and some to the malpractice count.  Because all of the facts supported the malpractice claim, they were duplicative.

DD, Karma LLC v. John Paniaguas, 2021 WL 1239198