Thul v. OneWest Bank
United States District Court for the Northern District of Illinois
2013 WL 212926 (2013)
Three attorneys with the law firm of Skadden, Arps, Meagher & Flom (Skadden) participated in preparing a brief supporting a motion by OneWest Bank (defendant) to dismiss a civil complaint filed by Thul (plaintiff). The brief cited opinions from the United States Court of Appeals for the Seventh Circuit, as well as non-binding trial-court precedent. However, the brief failed to cite a particular Seventh Circuit opinion that directly contradicted the legal position advanced in the brief. The district court ordered the three attorneys to show cause why they should not be sanctioned for failing to identify the adverse legal authority. The attorneys filed a written response prior to appearing in person before the court. In the written response, senior attorneys Beisner and Miller absolved associate attorney Fuchs of any responsibility, asserting that he was not the main author of the brief or involved in performing legal research for the brief. Beisner and Miller apologized for the failure to cite the adverse opinion but stated that they believed it to be distinguishable from the legal issues addressed in the brief. The written response also indicated that the case had resolved in a settlement that included a provision for the Skadden firm to compensate Thul’s attorneys for their time spent responding to OneWest’s motion to dismiss. Beisner and Miller repeated their apology to the court and Thul’s counsel when they appeared in person. One day after the attorneys’ appearances, the court issued an order to address its findings of fact and ruling on sanctions.
Rule of Law
Holding and Reasoning (Kennelly, J.)
What to do next…
Unlock this case brief with a free (no-commitment) trial membership of Quimbee.
You’ll be in good company: Quimbee is one of the most widely used and trusted sites for law students, serving more than 97,000 law students since 2011. Some law schools—such as Yale, Vanderbilt, Berkeley, and the University of Illinois—even subscribe directly to Quimbee for all their law students. Read our student testimonials.
Learn more about Quimbee’s unique (and proven) approach to achieving great grades at law school.
Quimbee is a company hell-bent on one thing: helping you get an “A” in every course you take in law school, so you can graduate at the top of your class and get a high-paying law job. We’re not just a study aid for law students; we’re the study aid for law students. Read more about Quimbee.
Here's why 174,000 law students have relied on our case briefs:
- Written by law professors and practitioners, not other law students. 14,000 briefs, keyed to 188 casebooks. Top-notch customer support.
- The right amount of information, includes the facts, issues, rule of law, holding and reasoning, and any concurrences and dissents.
- Access in your classes, works on your mobile and tablet. Massive library of related video lessons and high quality multiple-choice questions.
- Easy to use, uniform format for every case brief. Written in plain English, not in legalese. Our briefs summarize and simplify; they don’t just repeat the court’s language.