Merrilees v. Merrilees

Illinois Appellate Court
Civil Court
Fraud
Citation
Case Number: 
2013 IL App (1st) 121897
Decision Date: 
Friday, September 27, 2013
District: 
1st Dist.
Division/County: 
Cook Co., 6th Div.
Holding: 
Affirmed.
Justice: 
LAMPKIN
Plaintiff, who was allocated $18 million cash plus $1 million home tax-free in negotiated settlement in divorce action, then sued her former attorneys, ex-husband, and ex-fiance, alleging RICO violations, fraud, conspiracy, and legal malpractice. Court properly dismissed fourth amended complaint, for failure to plead specific facts to support elements of her causes of action; and failure to allege knowledge and voluntary participation in fraud, and knowingly false statement of material fact or reliance on truth of statement. Plaintiff failed to allege why she was entitled to larger recovery of assets and sole custody of children, and how husband's trading company was marital property, and its fair market value. (ROCHFORD and HALL, concurring.)