Illinois Court Extends Evidentiary Lifeline to Accounting Firm Accused of Negligence
Lawyers for the Profession® Alert | 1 min read
Sep 7, 2011
Relying on an audit report by defendant accounting firm following plaintiff bank’s extension of three loans to a borrower, the bank extended a term loan to the borrower for $1.4 million. When the borrower absconded with the proceeds of that loan, the bank sued the accounting firm for a negligent audit report and filed a motion in limine to exclude evidence of the bank’s contributory negligence in connection with the first three loans to the borrower. The trial court denied the motion, and a jury found in favor of the accounting firm. The bank appealed.
Question Before the Court and How the Court Decided It
The appellate court considered whether evidence of the bank’s decisions on the first three loans to the borrower was admissible into evidence as relevant to issues of causation and reliance.
The appellate court held that the prior loans were relevant to the bank’s entire lending relationship with the same borrower.
What the Court’s Decision Means For Practitioners
This decision represents a clarification of pre-existing law dating back more than 20 years. See Congregation of the Passion, Holy Cross Province v. Touch Ross & Co., 224 Ill. App. 3d, 559 (1st Dist. 1991). In Congregation of the Passion, the court granted a motion in limine to exclude reference to any other investment accounts of plaintiff in that case because it did not bear on the specific account involved in the lawsuit.
Citibank, N.A. v. McGladrey & Pullen LLP, 2011 WL 2418572 (Ill. App. Ct. 1st Dist. June 14, 2011)
Featured Insights

In The News
Jun 12, 2026
Jennifer Driscoll Discusses Antitrust Case Against Shipping Container Manufacturers

Privacy, Cyber & AI Decoded Alert
Jun 12, 2026
Hot Topics in Data Privacy: Staying Cool and Compliant This Summer

Press Release
May 20, 2026 | Updated June 10, 2026
Hinshaw Releases America 250 Book Exploring Insurance's Role in Building the United States

Press Release
Jun 11, 2026
Nia Binns Honored With 2026 Rising Star Award by the Black Women Lawyers’ Association

Insights for Employers Alert
Jun 9, 2026
A Win for Employers: Federal District Court Finds $100,000 H-1B Visa Petition Fee is Unlawful

Press Release
Jun 9, 2026
Calvin Edwards Honored With 2026 Rising Star Award by the Black Men Lawyers’ Association

Webinar
Jun 9, 2026
John DeLascio Speaks on How Social Inflation is Reshaping Insurance Risk

Consumer Crossroads: Where Financial Services and Litigation Intersect
Jun 8, 2026
Court Distinguishes Between Clickwrap and Browsewrap Arbitration Agreements




