News + Events

Case Against Engineer Client Dismissed With Prejudice

James Marsh and Marcy Angsurat were recently successful in having a construction defect claim against the firm's engineer client dismissed with prejudice. Following briefing and extensive arguments of counsel, the court in the Kane County action ruled that the Moorman economic loss doctrine served to bar the plaintiff's claim for purely economic damages against the firm's client. The court agreed with our arguments that the plaintiff was attempting to evade the Moorman doctrine by pleading a "fraud" cause of action against the engineer client, and that the plaintiff did not, and could not, plead facts in support of a viable fraud cause of action. Since this constituted the plaintiff's third attempt to state a cause of action against the firm's client, the court accepted our argument that the case should be dismissed with prejudice, meaning that the plaintiff cannot attempt to re-plead a case against the firm's client.