Barack Ferrazzano Kirschbaum Perlman & Nagelberg v. Loffredi

A collection action was brought by plaintiff law firm, Barack Ferrazzano Kirschbaum Perlman and Nagelberg (plaintiff), seeking to recover attorney fees and costs for services it rendered on behalf of defendants, Robert and Kevin Loffredi (defendants), in a National Association of Securities Dealers, Inc. (NASD), arbitration proceeding. The circuit court granted summary judgment in plaintiffs favor based on the doctrine of judicial estoppel. Defendants appeal on the ground that the court erred in applying judicial estoppel to the circumstances of this case. The facts set forth below emanate…