Joyce v. DLA Piper Rudnick Gray Cary LLP

              THIRD DIVISION
MAY 7, 2008
No. 1-07-1966
EDWARD T. JOYCE, Individually and on Behalf of ) Appeal from the
Similarly-Situated Stockholders of 21st Century ) Circuit Court of
Telecom Group, Inc., ) Cook County.
)
Plaintiff-Appellant and Cross-Appellee, ))
v. ) No. 06 L 9189
)
DLA PIPER RUDNICK GRAY CARY LLP, as )
Successor in Interest to Piper Marbury )
Rudnick and Wolfe LLP, ) The Honorable
) Robert L. Cepero,
Defendant-Appellee and Cross-Appellant. ) Judge Presiding.
JUSTICE GREIMAN delivered the opinion of the court:
Plaintiff Edward Joyce, individually and on behalf of similarly situated stockholders of
21st Century Telecom Group, Inc. (21st Century), appeals from the trial court’s order dismissing
his amended legal malpractice complaint in favor of defendant DLA Piper Rudnick Gray Cary
LLP pursuant to section 2-615 of the Code of Civil Procedure (Code) (735 ILCS 5/2-615 (West
2006). In addition, defendant cross-appeals the trial court’s order denying its motion to dismiss
the original complaint pursuant to section 2-619 of the Code (735 ILCS 5/2-619 (West 2006))
based on the timeliness of that complaint in relation to a tolling agreement entered into by the
parties.
According to plaintiff’s complaint, the underlying action arose in December 1999 and
resulted from a drafting error caused by defendant in a merger agreement between 21st Century
and RCN. More specifically, 21st Century and RCN agreed to effectuate their merger on a
"stock for stock basis,” whereby the 21st Century stockholders would receive shares of RCN