Legal Opinion · Dissent

Horwitz v. Holabird & Root

Appellate Court of Illinois

Decided February 24, 2000No. 1 — 99 — 1377Published

1Dissent

PRESIDING JUSTICE HOFFMAN,

dissenting:

I dissent from the result reached by the majority because I believe that the trial court correctly found that Sabo & Zahn acted outside of the scope of its authority as Holabird & Root’s attorney if it committed an intentional tort by sending letters to the business associates and investors of Horwitz Matthews. At the heart of this case, however, is an issue of first impression in Illinois, namely: whether a client can be held vicariously liable for an intentional tort committed by its attorneys while discharging their duties under circumstances where the…

2Cases cited24 opinions

  1. Merritt v. Reserve InsuranceCalifornia Court of Appeal · 1973
  2. Continental Insurance Co. v. Bayless & Roberts, Inc.Alaska Supreme Court · 1980
  3. Baldasarre v. ButlerSupreme Court of New Jersey · 1993
  4. Feliberty v. DamonNew York Court of Appeals · 1988
  5. Brown v. Lumbermens Mutual Casualty Co.Supreme Court of North Carolina · 1990

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