{ "id": 45676, "name": "BRUCE P. GOLDEN, Plaintiff-Appellant, v. TERENCE C. MULLEN et al., Defendants-Appellees", "name_abbreviation": "Golden v. Mullen", "decision_date": "1997-08-22", "docket_number": "No. 1\u201496\u20142931", "first_page": "865", "last_page": "873", "citations": [ { "type": "official", "cite": "295 Ill. App. 3d 865" } ], "court": { "name_abbreviation": "Ill. App. Ct.", "id": 8837, "name": "Illinois Appellate Court" }, "jurisdiction": { "id": 29, "name_long": "Illinois", "name": "Ill." }, "cites_to": [ { "cite": "607 N.E.2d 201", "category": "reporters:state_regional", "reporter": "N.E.2d", "year": 1992, "pin_cites": [ { "parenthetical": "setting forth the elements for claim of false light" } ], "opinion_index": 0 }, { "cite": "154 Ill. 2d 1", "category": "reporters:state", "reporter": "Ill. 2d", "case_ids": [ 4820830 ], "year": 1992, "pin_cites": [ { "page": "17-18", "parenthetical": "setting forth the elements for claim of false light" } ], "opinion_index": 0, "case_paths": [ "/ill-2d/154/0001-01" ] }, { "cite": "550 A.2d 163", "category": "reporters:state_regional", "reporter": "A.2d", "year": 1988, "opinion_index": 0 }, { "cite": "228 N.J. Super. 453", "category": "reporters:state", "reporter": "N.J. Super.", "case_ids": [ 289405 ], "year": 1988, "opinion_index": 0, "case_paths": [ "/nj-super/228/0453-01" ] }, { "cite": "248 N.J. Super. 318", "category": "reporters:state", "reporter": "N.J. Super.", "case_ids": [ 358863 ], "weight": 2, "year": 1991, "opinion_index": 0, "case_paths": [ "/nj-super/248/0318-01" ] }, { "cite": "216 Neb. 314", "category": "reporters:state", "reporter": "Neb.", "case_ids": [ 5447331 ], "weight": 4, "year": 1984, "pin_cites": [ { "page": "316-17" }, { "page": "749" } ], "opinion_index": 0, "case_paths": [ "/neb/216/0314-01" ] }, { "cite": "290 N.E.2d 912", "category": "reporters:state_regional", "reporter": "N.E.2d", "year": 1972, "opinion_index": 0 }, { "cite": "8 Ill. App. 3d 613", "category": "reporters:state", "reporter": "Ill. App. 3d", "case_ids": [ 2761017, 2765747 ], "year": 1972, "pin_cites": [ { "page": "615" } ], "opinion_index": 0, "case_paths": [ "/ill-app-3d/8/0613-01", "/ill-app-3d/8/0613-02" ] }, { "cite": "545 N.E.2d 356", "category": "reporters:state_regional", "reporter": "N.E.2d", "year": 1989, "opinion_index": 0 }, { "cite": "189 Ill. App. 3d 440", "category": "reporters:state", "reporter": "Ill. App. 3d", "case_ids": [ 2680022 ], "year": 1989, "pin_cites": [ { "page": "447-48" } ], "opinion_index": 0, "case_paths": [ "/ill-app-3d/189/0440-01" ] }, { "cite": "568 N.E.2d 513", "category": "reporters:state_regional", "reporter": "N.E.2d", "year": 1991, "opinion_index": 0 }, { "cite": "209 Ill. App. 3d 936", "category": "reporters:state", "reporter": "Ill. App. 3d", "case_ids": [ 2541259 ], "weight": 2, "year": 1991, "pin_cites": [ { "page": "942" }, { "page": "942" } ], "opinion_index": 0, "case_paths": [ "/ill-app-3d/209/0936-01" ] }, { "cite": "537 N.E.2d 851", "category": "reporters:state_regional", "reporter": "N.E.2d", "year": 1989, "opinion_index": 0 }, { "cite": "181 Ill. App. 3d 920", "category": "reporters:state", "reporter": "Ill. App. 3d", "case_ids": [ 8499442 ], "year": 1989, "opinion_index": 0, "case_paths": [ "/ill-app-3d/181/0920-01" ] }, { "cite": "419 N.E.2d 1205", "category": "reporters:state_regional", "reporter": "N.E.2d", "year": 1981, "opinion_index": 0 }, { "cite": "95 Ill. App. 3d 254", "category": "reporters:state", "reporter": "Ill. App. 3d", "case_ids": [ 3117781 ], "year": 1981, "opinion_index": 0, "case_paths": [ "/ill-app-3d/95/0254-01" ] }, { "cite": "426 N.E.2d 1130", "category": "reporters:state_regional", "reporter": "N.E.2d", "year": 1981, "opinion_index": 0 }, { "cite": "100 Ill. App. 3d 314", "category": "reporters:state", "reporter": "Ill. App. 3d", "case_ids": [ 5499675 ], "weight": 4, "year": 1981, "pin_cites": [ { "page": "317" }, { "page": "317" }, { "page": "317" } ], "opinion_index": 0, "case_paths": [ "/ill-app-3d/100/0314-01" ] }, { "cite": "384 N.E.2d 762", "category": "reporters:state_regional", "reporter": "N.E.2d", "year": 1978, "opinion_index": 0 }, { "cite": "67 Ill. App. 3d 179", "category": "reporters:state", "reporter": "Ill. App. 3d", "case_ids": [ 3314895 ], "year": 1978, "opinion_index": 0, "case_paths": [ "/ill-app-3d/67/0179-01" ] }, { "cite": "23 N.E.2d 180", "category": "reporters:state_regional", "reporter": "N.E.2d", "year": 1939, "opinion_index": 0 }, { "cite": "301 Ill. App. 495", "category": "reporters:state", "reporter": "Ill. App.", "case_ids": [ 3189256 ], "year": 1939, "opinion_index": 0, "case_paths": [ "/ill-app/301/0495-01" ] }, { "cite": "648 N.E.2d 1033", "category": "reporters:state_regional", "reporter": "N.E.2d", "year": 1995, "opinion_index": 0 }, { "cite": "271 Ill. App. 3d 662", "category": "reporters:state", "reporter": "Ill. App. 3d", "case_ids": [ 249364 ], "weight": 2, "year": 1995, "pin_cites": [ { "page": "667" }, { "page": "667" } ], "opinion_index": 0, "case_paths": [ "/ill-app-3d/271/0662-01" ] }, { "cite": "671 N.E.2d 814", "category": "reporters:state_regional", "reporter": "N.E.2d", "year": 1996, "opinion_index": 0 }, { "cite": "284 Ill. App. 3d 190", "category": "reporters:state", "reporter": "Ill. App. 3d", "case_ids": [ 1260402 ], "weight": 2, "year": 1996, "pin_cites": [ { "page": "192" }, { "page": "192" } ], "opinion_index": 0, "case_paths": [ "/ill-app-3d/284/0190-01" ] }, { "cite": "646 N.E.2d 8", "category": "reporters:state_regional", "reporter": "N.E.2d", "year": 1995, "opinion_index": 0 }, { "cite": "269 Ill. App. 3d 648", "category": "reporters:state", "reporter": "Ill. App. 3d", "case_ids": [ 365958 ], "year": 1995, "pin_cites": [ { "page": "651" } ], "opinion_index": 0, "case_paths": [ "/ill-app-3d/269/0648-01" ] }, { "cite": "664 N.E.2d 692", "category": "reporters:state_regional", "reporter": "N.E.2d", "year": 1996, "opinion_index": 0 }, { "cite": "279 Ill. App. 3d 530", "category": "reporters:state", "reporter": "Ill. App. 3d", "case_ids": [ 75280 ], "year": 1996, "pin_cites": [ { "page": "534" } ], "opinion_index": 0, "case_paths": [ "/ill-app-3d/279/0530-01" ] } ], "analysis": { "cardinality": 894, "char_count": 18539, "ocr_confidence": 0.773, "pagerank": { "raw": 1.7596930516861456e-07, "percentile": 0.7098006486092432 }, "sha256": "af7949c94a23e0553b4e4b2b54a088acae7a7584017cb878363448216f31688c", "simhash": "1:3c752dd90b7af05f", "word_count": 2976 }, "last_updated": "2023-07-14T18:51:11.490834+00:00", "provenance": { "date_added": "2019-08-29", "source": "Harvard", "batch": "2018" }, "casebody": { "judges": [], "parties": [ "BRUCE P. GOLDEN, Plaintiff-Appellant, v. TERENCE C. MULLEN et al., Defendants-Appellees." ], "opinions": [ { "text": "JUSTICE HOURIHANE\ndelivered the opinion of the court: Plaintiff, Bruce P. Golden (Golden), appeals the dismissal of his defamation action against Terence C. Mullen (Mullen) and the law firm of Mullen & Winthers, P.C. (firm). The principle issue on appeal is whether the circuit court erred by extending the absolute privilege that attaches to defamatory statements of attorneys made in the course of judicial proceedings to postlitigation statements made to the client. For the reasons that follow, we affirm in part, reverse in part, and remand for further proceedings.\nGolden and Mullen are Illinois attorneys. The complaint alleges that in 1994 and 1995 Mullen and his firm represented Charles W. Sullivan (Sullivan) in litigation against William E. Switzer (Switzer) in Cook and Du Page Counties, such representation allegedly \u201cend-ting]\u201d on June 23, 1995, and October 13, 1995, respectively. Switzer was represented by Golden.\nOn November 14, 1995, Mullen wrote a letter to Sullivan and his wife on firm stationery which states in relevant part:\n\u201cThank you for your letter of October 20, 1995. Although I am in agreement with your suggestion to just walk away from a bad situation there are three things I want you to know:\n1) The attorney representing Mr. Switzer is a raving lunatic. I have been told by every attorney who has worked on this file that they have never met such a deranged lawyer. One even suggested that this lawyer was legally incompetent. When I said I was in over my head on this case, that\u2019s what I was referring to. A law firm our size is just not equipped to deal with constant legal abuse inflicted by a rougue [szc] attorney.\u201d (Emphasis added.)\nOn January 17, 1996, Mullen wrote another letter, addressed only to Sullivan, which states:\n\u201cThe last time you wrote to me, you expressed your frustrations over this case. You asked me to reduce your bill of around $1,900.00 to zero balance. I sympathised [szc] with your frustrations, and I still do. However, it is wrong to now threaten me with a malpractice lawsuit unless I pay to you the $5,900.00 you paid to our law firm during this case as a refund. Not only did we not commit any malpractice, we paid $5,000.00 out of our own pockets to defend us in the Federal lawsuit that Switzer\u2019s crazy lawyer filed. I\u2019m sorry Chuck, I really am, but I\u2019m not responsible for the destruction of your business or the other things stated in your letter.\u201d (Emphasis added.)\nPlaintiff alleges that the statements were false and that Mullen knew they were false or had no reasonable basis for believing the statements to be true or that the statements were made in reckless disregard of whether they were true or false. Golden sought special and/or presumed damages under theories of defamation per se (count I) and defamation per quad (count II), and punitive damages for willful, wanton and reckless conduct (count III).\nMullen filed a combined motion to dismiss under sections 2 \u2014 615(a) and 2 \u2014 619(a)(9) of the Code of Civil Procedure (Code) (735 ILCS 5/2 \u2014 615(a), 2 \u2014 619(a)(9) (West 1996)). In his section 2 \u2014 615 motion, Mullen asserted that while the statements in his letters may have been disparaging, they do not constitute actionable libel; that the statements are nonactionable expressions of opinion; and that, even if defamatory, the statements do not fall within any of the recognized categories of defamation per se.\nIn his section 2 \u2014 6\u00cd9 motion, Mullen contended that the letters were written in connection with recently concluded, pending or contemplated judicial proceedings and thus were absolutely privileged; that, alternatively, the letters were conditionally privileged; and that Golden had not pleaded and could not prove special damages. Mullen\u2019s section 2 \u2014 619 motion was supported by his own affidavit detailing the history of his representation of Sullivan in the Du Page County litigation, Golden\u2019s extensive motion practice in the course of the litigation, Mullen\u2019s knowledge of related litigation in Cook County, and his involvement as a codefendant in related federal litigation brought by Switzer against Sullivan.\nAttached to Mullen\u2019s affidavit were, among other things, copies of two letters Sullivan wrote to Mullen. The first, dated October 20, 1995, was apparently written after receiving Mullen\u2019s invoice for legal services. Sullivan expressed his frustration and anger over the American legal system, attorneys in general, and Mullen\u2019s handling of the litigation. Sullivan also raised the specter of a malpractice suit against Mullen and suggested that Mullen clear his account and consider it closed. The second letter, dated January 10, 1996, was written in response to Mullen\u2019s letter of November 14, 1995. Sullivan again raised the possibility of a malpractice claim against Mullen and the firm and requested return of approximately $6,000 in legal fees paid to Mullen. Mullen responded with his January 17, 1996, letter.\nIn response \u201eto Mullen\u2019s section 2 \u2014 615 motion, Golden asserted that Mullen\u2019s statements are not capable of an innocent construction; that imputing insanity is defamatory per se; and that Mullen\u2019s statements do not qualify as nonactionable expressions of opinion.\nAs to Mullen\u2019s section 2 \u2014 619 motion, Golden argued that Mullen\u2019s statements were made to protect his own economic interests and thus do not constitute the type of communication covered by the absolute privilege; that the occasion under which the statements were made did not trigger application of a conditional privilege; and that even assuming a conditional privilege applied, Mullen abused the privilege by failing to investigate the truth of the statements. Golden\u2019s response was supported by portions of the deposition testimony of David Axelrod, who represented Sullivan in the federal suit, by his own affidavit detailing the litigation, and by affidavits from Switzer and two other satisfied clients.\nThe circuit court dismissed the complaint with prejudice pursuant to Mullen\u2019s section 2 \u2014 619 motion, finding that the absolute privilege of attorneys to make defamatory remarks related to judicial proceedings also applies to posttrial remarks made to a client. The court also held that, as a matter of law, Mullen\u2019s statements were conditionally privileged and that Mullen had not abused the privilege.\nGolden filed a motion to reconsider in which he generally reargued his position and, for the first time, asserted that any privilege cannot extend to Mrs. Sullivan, to whom Mullen\u2019s first letter was also addressed. The circuit court denied this motion, as well as Golden\u2019s subsequent motions for leave to file a \u201cFirst Amended Complaint\u201d and an \u201cAmendment to the First Amended Complaint.\u201d This appeal followed. 155 111. 2d R. 301.\nANALYSIS\nSection 2 \u2014 619(a)(9) of the Code provides for involuntary dismissal of a cause of action where the claim asserted is barred by other affirmative matter avoiding the legal effect of or defeating the claim. 735 ILCS 5/2 \u2014 619(a)(9) (West 1996). \u201cAffirmative matter\u201d is something in the nature of a defense that completely negates the cause of action or refutes crucial conclusions of law or conclusions of material fact contained in or inferred from the complaint. Fancher v. Central Illinois Public Service Co., 279 Ill. App. 3d 530, 534, 664 N.E.2d 692 (1996). In a defamation action, the issue of absolute privilege is an affirmative defense that may be raised and determined in a section 2 \u2014 619 motion. Harris v. News-Sun, 269 Ill. App. 3d 648, 651, 646 N.E.2d 8 (1995). This court reviews the grant of a motion to dismiss under section 2 \u2014 619 on a de nova basis. Corluka v. Bridgford Foods of Illinois, Inc., 284 Ill. App. 3d 190, 192, 671 N.E.2d 814 (1996). The question on appeal is whether there exists a genuine issue of material fact precluding dismissal or, absent an issue of material fact, whether dismissal is proper as a matter of law. Corluka, 284 Ill. App. 3d at 192.\nGolden does not claim that an issue of material fact precludes dismissal. Rather, he argues that the circuit court erred by extending the absolute privilege to Mullen\u2019s postlitigation statements. Whether a statement is privileged is a question of law. Barakat v. Matz, 271 Ill. App. 3d 662, 667, 648 N.E.2d 1033 (1995).\nThe defense of absolute privilege in a defamation action involving statements made by an attorney is set forth in the Restatement (Second) of Torts \u00a7 586 (1977) (Restatement) and provides as follows:\n\u201cAn attorney at law is absolutely privileged to publish defamatory matter concerning another in communications preliminary to a proposed judicial proceeding, or in the institution of, or during the course and as a part of, a judicial proceeding in which he participates as counsel, if it has some relation to the proceeding.\u201d\nThe privilege extends to out-of-court communications between opposing counsel (Dean v. Kirkland, 301 Ill. App. 495, 23 N.E.2d 180 (1939)), to out-of-court communications between attorney and client related to pending litigation (Weller v. Stern, 67 Ill. App. 3d 179, 384 N.E.2d 762 (1978)), to out-of-court communications between attorneys representing different parties suing the same entities (Libco Corp. v. Adams, 100 Ill. App. 3d 314, 426 N.E.2d 1130 (1981)), to statements made during quasi-judicial proceedings (Richardson v. Dunbar, 95 Ill. App. 3d 254, 419 N.E.2d 1205 (1981)), and to communications necessarily preliminary to a quasi-judicial proceeding (Parrillo, Weiss & Moss v. Cashion, 181 Ill. App. 3d 920, 537 N.E.2d 851 (1989)).\nThe privilege affords complete immunity, irrespective of the attorney\u2019s knowledge of the statement\u2019s falsity or the attorney\u2019s motives in publishing the defamatory matter. Restatement (Second) of Torts \u00a7 586, Comment a, at 247 (1977); Weber v. Cueto, 209 Ill. App. 3d 936, 942, 568 N.E.2d 513 (1991). The only requirement is that the communication pertain to proposed or pending litigation. The pertinency requirement is not applied strictly, and the privilege will attach even where the defamatory communication is not confined to specific issues related to the litigation. Libco Corp. v. Adams, 100 Ill. App. 3d at 317. All doubts should be resolved in favor of a finding of pertinency (Skopp v. First Federal Savings, 189 Ill. App. 3d 440, 447-48, 545 N.E.2d 356 (1989)), which is a question of law for the court (Macie v. Clark Equipment Co., 8 Ill. App. 3d 613, 615, 290 N.E.2d 912 (1972)). If, however, the defamatory statements have \u201cno connection whatever with the litigation,\u201d then no privilege will attach. Restatement (Second) of Torts \u00a7 586, Comment c, at 248 (1977).\nThe privilege is predicated on the tenet that although defendant\u2019s conduct is otherwise actionable, because he is acting in furtherance of some interest of social importance, the communication is protected and no liability will attach, even at the expense of uncompensated harm to the plaintiff\u2019s reputation. Weber v. Cueto, 209 Ill. App. 3d at 942; Libco Corp. v. Adams, 100 Ill. App. 3d at 317. We believe that the same public policy considerations that protect an attorney\u2019s statements made to his or her client during the course of a legal proceeding necessarily protect postlitigation communications of the type at issue here.\nAn attorney must be free to discuss with the client the outcome of the litigation, future strategies, if any, and generally respond to inquiries from the client without fear of civil liability. Indeed, it is incumbent upon an attorney, following the conclusion of a legal proceeding or some portion thereof, to explain fully to the client what has occurred, why it has occurred, and the ramifications. Such explanation may require an assessment of the conduct of opposing counsel, other parties to the litigation, witnesses, and even the court. We believe, as the circuit court did, that there is a \u201ctremendous public interest\u201d in protecting and facilitating this type of open communication and commentary. Accordingly, we hold that the absolute privilege that attaches to defamatory statements made by an attorney incidental to a pending legal proceeding also applies to postlitigation defamatory statements made by an attorney to the client he or she represented in such proceeding.\nIn the case at bar, the communication was actually initiated by the client following his receipt of Mullen\u2019s invoice for legal services and followed close on the heels of the dismissal of the Du Page County litigation. Mullen\u2019s first letter, in fact, was written just one month after entry of the dismissal order. The subject matter of the letters between Sullivan and Mullen was pertinent to the litigation just concluded, as well as the then-pending federal court case between Switzer and Sullivan. Sullivan raised several issues relative to Mullen\u2019s handling of the case, as well as Mullen\u2019s billing practices. Clearly, Mullen was under a duty to respond to Sullivan\u2019s concerns with diligence and candor. Under the circumstances, we find that Mullen\u2019s statements to Sullivan in both the November 14, 1995, and January 17, 1996, letters were absolutely privileged.\nIn reaching our decision, we have reviewed case law from other jurisdictions that have considered the applicability of the absolute privilege to extrajudicial statements and find Cummings v. Kirby, 216 Neb. 314, 343 N.W.2d 747 (1984), of note. In Cummings, the Supreme Court of Nebraska considered whether statements made by an attorney to his client during a postverdict meeting were privileged. The purpose of the meeting was to discuss the attorney\u2019s handling of the case, problems at trial, and disagreements among the attorney, his client, and the client\u2019s son. Apparently suggesting a reason for the unfavorable outcome at trial, the attorney stated that everyone in the county thought the client\u2019s son was a \u201ccrook.\u201d The court applied the absolute privilege to defeat the son\u2019s defamation action. The court stated that the reasoning set forth in the Restatement for application of the privilege \u201cextends to communications after a trial which are pertinent to the attorney-client discussions in explaining what has occurred and what further action is possible.\u201d Cummings, 216 Neb. at 316-17. 343 N.W.2d at 749.\nGolden argues that, unlike the defendant attorney in Cummings, Mullen had been discharged by Sullivan prior to Mullen\u2019s two allegedly defamatory letters. Even if true, the privilege nonetheless applies. Contrary to Golden\u2019s claim, we do not view Mullen\u2019s letters as merely an attempt to avoid a malpractice action but, rather, a legitimate extension of Mullen\u2019s obligation to Sullivan as his attorney in the Du Page County proceeding to explain what had occurred and the reasons therefor. We note also that the pertinency requirement is not strict and that Mullen\u2019s letters satisfy this requirement. See Libco Corp. v. Adams, 100 Ill. App. 3d at 317.\nAs to Mullen\u2019s November 14, 1995, letter, which was also addressed to Mrs. Sullivan, to the extent publication to Mrs. Sullivan actually occurred, we agree with Golden that no privilege applies. Since the privilege affords complete immunity, classification of absolutely privileged communications is necessarily narrow. Barakat v. Matz, 271 Ill. App. 3d at 667. We are reluctant to expand the privilege to cover communications made by an attorney to persons other than the clients he or she represented in recently concluded litigation. We do not believe that the confidential nature of the relationship between husband and wife provides an adequate basis for extending the privilege and find no other basis in the law for doing so. Although at least one other jurisdiction has extended the privilege in certain circumstances to cover an attorney\u2019s communications to persons other than the client, we decline to do so here. See Kanengiser v. Kanengiser, 248 N.J. Super. 318, 590 A.2d 1223 (1991); DeVivo v. Ascher, 228 N.J. Super. 453, 550 A.2d 163 (1988). Accordingly, it was error for the trial court to dismiss the complaint as to Mullen\u2019s defamatory statements that were allegedly published to Mrs. Sullivan in his letter of November 14, 1995.\nFinally, we reject Golden\u2019s contention on appeal that the circuit court erred by denying his motion to amend the complaint. Following dismissal of his complaint with prejudice, and the denial of his motion for reconsideration, Golden moved to amend his complaint, pursuant to sections 2 \u2014 616(a) and (c) (735 ILCS 5/2 \u2014 616(a), (c) (West 1996)). Golden sought to add additional allegations to the defamation counts, as well as a new count for false light. Defendants maintain that plaintiffs motion to amend was not timely and that the proposed amendment would not cure the pleading deficits.\nEven assuming Golden\u2019s motion to amend was properly before the court, denial was nonetheless appropriate. With respect to the defamation counts, no amendment could cure the defect in the plaintiffs complaint. As to the claim for false light, plaintiff alleges no new facts, but merely concludes that the same publication of the same statements that are the predicate of plaintiffs defamation claim also placed Golden in a false light. Given the limited publication at issue here, plaintiff cannot plead a claim for false light. See Kolegas v. Heftel Broadcasting Corp., 154 Ill. 2d 1, 17-18, 607 N.E.2d 201 (1992) (setting forth the elements for claim of false light); 1 M. Polelle & B. Ottley, Illinois Tort Law \u00a7 6.11, at 6 \u2014 19.1 (2d ed. 1997) (comparing defamation and false light). Thus, the circuit court properly denied plaintiffs motion to amend.\nFor the foregoing reasons, we affirm the decision of the circuit court dismissing the complaint as it relates to statements published to Sullivan, reverse the dismissal as it relates to statements allegedly published to Mrs. Sullivan, and remand this cause for further proceedings consistent with this ruling.\nAffirmed in part and reversed in part; cause remanded.\nHOFFMAN, P.J., and SOUTH, J., concur.\nThe \u201ccomplaint\u201d actually consists of the ,\u201cComplaint at Law\u201d (filed February 13, 1996) and the one-page \u201cAmendment to Complaint\u201d (filed March 21, 1996), which restated paragraph 15.", "type": "majority", "author": "JUSTICE HOURIHANE" } ], "attorneys": [ "Edward A. Berman, P.C., of Chicago, for appellant.", "Michael Weininger and Lawrence M. Karlin, both of Katz, Randall & Weinberg, of Chicago, for appellees." ], "corrections": "", "head_matter": "BRUCE P. GOLDEN, Plaintiff-Appellant, v. TERENCE C. MULLEN et al., Defendants-Appellees.\nFirst District (5th Division)\nNo. 1\u201496\u20142931\nOpinion filed August 22, 1997.\nRehearing denied April 21, 1998. \u2014 Modified opinion filed May 1, 1998.\nEdward A. Berman, P.C., of Chicago, for appellant.\nMichael Weininger and Lawrence M. Karlin, both of Katz, Randall & Weinberg, of Chicago, for appellees." }, "file_name": "0865-01", "first_page_order": 885, "last_page_order": 893 }