Staes and Scallan, P.C. v. Orlich
981 N.E.2d 38
Ill. App. Ct.2012Background
- Staes & Scallan, P.C. sued Orlich and Gidney for breach of contract to recover defense fees and costs in the Northern League suit.
- Gidney settled with plaintiff for $28,000; Orlich defense liability was decided on liability while damages were reserved.
- Circuit court awarded Orlich $23,397.35 in damages plus prejudgment interest; post-trial submissions addressed damages.
- Underlying league claims included $2 million liquidated damages against each defendant and $50,000 in expenses, with ongoing disputes over fees.
- Trial court found a written fee agreement with rates, accepted most charges, and noted possible duplication of effort; Orlich appealed challenging the damages amount and calculations.
- Appellate court affirmed the damages award, noting forfeiture of some arguments and deferring to trial court’s credibility determinations.
Issues
| Issue | Plaintiff's Argument | Defendant's Argument | Held |
|---|---|---|---|
| Damages not against manifest weight of the evidence | Damages supported by trial record and settlements | Fees overstated; objections to invoices were valid | Not against the manifest weight; credibility upheld |
| Joint and several liability of Orlich and Gidney | Both jointly liable per record | Trial court did not expressly rule on joint liability | Orlich forfeited this argument; affirmance on remaining record |
| Validity of specific fee objections | Objections lacked specificity; charges reasonable | Entries are improper or unnecessary | Objections unavailing; court credibility findings control |
| Calculation of damages including Gidney settlement offset and $5,000 discount | Damages properly reduced by Gidney settlement; discount accounted | Discount improperly applied or miscalculated | Damages calculation sustained with discount treated as court-approved |
| Judicial credibility and role of trial court as trier of fact | Court’s credibility determinations should stand | Court misweighed evidence | Court’s credibility determinations are entitled to deference |
Key Cases Cited
- Wildman, Harrold, Allen & Dixon v. Gaylord, 317 Ill. App. 3d 590 (Ill. App. 2000) (deference to trial court factual findings in bench trials)
- Nokomis Quarry Co. v. Dietl, 333 Ill. App. 3d 480 (Ill. App. 2002) (deferring to trial court on credibility; manifest weight standard)
- Samour, Inc. v. Board of Election Commissioners, 224 Ill. 2d 530 (Ill. 2007) (reviewing credibility and manifest weight under deferential standard)
- Zimmerman, 18 Ill. 2d 94 (Ill. 1959) (foundations for reviewing trial court findings; any record support)
- Haudrich v. Howmedica, Inc., 169 Ill. 2d 525 (Ill. 1996) (issues not raised in trial court waived on appeal)
- Brown v. Zimmerman, 18 Ill. 2d 94 (Ill. 1959) (standard for appellate review of factual findings)