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SCANLAN v. EISENBERG

No. 09 C 5026.

913 F.Supp.2d 591 (2012)

Mary Bucksbaum SCANLAN, individually, as Next Friend for Martin Michael Scanlan and Stella Clare Scanlan, minors, and derivatively on behalf of General Trust Company, as Trustee, Plaintiffs, v. Marshall EISENBERG, Earl Melamed, Neal, Gerber & Eisenberg, LLP, an Illinois limited liability partnership, and General Trust Company, a South Dakota corporation, Defendants.

United States District Court, N.D. Illinois, Eastern Division.

November 15, 2012.

Attorney(s) appearing for the Case

Frederick J. Sperling, Ann H. MacDonald, Lawrence Harris Heftman, Paul Edwin Greenwalt, III, Philip Joshua Holroyd, Schiff Hardin LLP, Chicago, IL, for Plaintiff.

Stephen Novack, Christopher Graham Dean, Donald A. Tarkington, Joshua Edward Liebman, Kristen Werries Collier, Novack and Macey LLP, Holly A. Harrison, Frank John Favia, Jr., Patrick Edward Croke, Rachel B. Niewoehner, Sidley Austin LLP, Chicago, IL, for Defendant.

MEMORANDUM OPINION

JOHN F. GRADY, District Judge.

Before the court is the motion of defendants Marshall Eisenberg, Earl Melamed, and Neal, Gerber & Eisenberg LLP (collectively, the "lawyer defendants") to dismiss Counts I, II, and III of the Amended Complaint pursuant to Federal Rule of Civil Procedure 12(b)(6). For the reasons explained below, the motion is granted in part and denied in part.

BACKGROUND

Plaintiff Mary...

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