Ruth to hear motion in Goldenberg fee dispute

By Amelia Flood | Dec 29, 2009


Madison County Circuit Judge Dennis Ruth is set to hear a dismissal move by a firm being sued by another attorney over $1 million in fees.

Ruth reset the hearing on Edwardsville firm Goldenberg Heller Antognoli Rowland & Short's motion to dismiss a breach of contract suit brought by attorney D. Jeannine Kelly earlier this month.

Kelly claims that the Goldenberg firm refused to pay her fees from her work on lawsuits over contamination in the town of Hartford. Kelly's suit claims that the Goldenberg firm's actions resulted in damages of more than $1.3 million.

The Goldenberg firm has moved to dismiss Kelly's suit claiming that she voluntarily withdrew from the suits and that Illinois law does not provide for fees when an attorney withdraws from a contingency case.

Ruth had been set to hear the move Dec. 4.

The hearing is now set for Jan. 7 at 9 a.m., a day before Ruth's usual motion docket day.

Kelly is represented by Michael Downey.

The Goldenberg firm is represented by John Papa.

The case is Madison case number 08-L-974.

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