Appellate Court of Illinois

In a case involving a dispute between the Wilmette Harbor Association, its directors, some of its members, its attorney, and a membership applicant, dismissal of the association member plaintiffs' claims against the association and its directors is affirmed where the parties' dispute falls within the scope of the agreement to arbitrate. Dismissal of one plaintiff's class action suit against the association is affirmed where the complaint did not allege that he had been denied an economic necessity. Dismissal of association member plaintiffs' claims for breach of fiduciary duties and negligence (legal malpractice) is reversed where defendant is not a party to the contract to arbitrate disputes and the issue of whether he breached his fiduciary duties or committed legal malpractice fall outside the scope of the arbitration clause.

Appellate Information

• Decided 12/17/2007
• Published 12/20/2007

Judges

Court

• Appellate Court of Illinois

Counsel