Stack dismisses amended complaint in attorney fee battle

Amelia Flood Oct. 31, 2009, 6:24am


Plaintiff Timothy Campbell, a Godfrey attorney, has 60 days to respond to the Wednesday dismissal of both counts of his breach of contract suit against Chicago attorney Paul Weiss.

Madison County Circuit Judge Daniel Stack dismissed both counts of Campbell's second amended complaint in an order entered Wednesday.

Campbell, who has worked with Weiss and his firm Freed & Weiss LLC, on civil cases in the past, is suing his former colleagues for legal fees he claims he is owed from work he did on Madison County cases involving clients Dr. Gerald Bemis and Winnie Madison.

Freed and Weiss argued in their June response to the May complaint that Campbell failed to state a claim in his suit and that individual members of an LLC, such as Paul Weiss, are not liable in such cases.

The same order that dismissed the two counts of the two count complaint granted Campbell 60 days to respond.

Campbell is seeking damages of in excess of $50,000 and court costs.

Campbell is represented by John Hoefert.

Weiss and his Chicago-based firm are represented by Richard Burke.

The case is Madison case number 08-L-364.

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