State Appellate Court Settles Fee Battle Between Former Co-Counsel in Patent Litigation - The Legend of Hanuman

State Appellate Court Settles Fee Battle Between Former Co-Counsel in Patent Litigation


A solo practitioner’s attempts to recover fees for his work in an underlying suit he was kicked off were denied after an Illinois appellate court found his claims were barred by the statute of limitations.

The Illinois First District Appellate Court denied Joel A. Brodsky’s attempts to recover attorney fees on a quantum meruit basis, concluding the five-year statute of limitations had run its course. Brodsky argued his claim hadn’t lapsed because his suspension years after his termination gave rise to a new claim for fees. He claimed the circumstances presented an unprecedented novel issue. However, the court determined he “simply conflated novel with contrived.”


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