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De Novo Review – Malpractice Claim

7th Circuit Court of Appeals

Case Name: Linda S. Bergal v. Ben M. Roth, et al.,

Case No.: 20-2887

Officials: KANNE, ROVNER, and HAMILTON, Circuit Judges.

Focus: De Novo Review – Malpractice Claim

Plaintiff Linda Bergal brought this malpractice case against her attorney Ben Roth, his law firm, and accountant Joseph Sanders. She alleges the defendants duped her into disclaiming a $1.5 million mutual fund account owned by her late husband, Dr. Milton Bergal. The district court dismissed Linda’s claims as barred under the doctrine of issue preclusion (collateral estoppel) based on a state-court judgment that she obtained her claim on the account through undue influence. We affirm.


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Derek A Hawkins is Corporate Counsel, at Salesforce.

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