Geragos & Geragos v. Osundairo

2026 IL App (1st) 232510-U
CourtAppellate Court of Illinois
DecidedJanuary 16, 2026
Docket1-23-2510
StatusUnpublished

This text of 2026 IL App (1st) 232510-U (Geragos & Geragos v. Osundairo) is published on Counsel Stack Legal Research, covering Appellate Court of Illinois primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook
Geragos & Geragos v. Osundairo, 2026 IL App (1st) 232510-U (Ill. Ct. App. 2026).

Opinion

2026 IL App (1st) 232510-U No. 1-23-2510 Order filed January 16, 2026 Fifth Division

NOTICE: This order was filed under Supreme Court Rule 23 and is not precedent except in the limited circumstances allowed under Rule 23(e)(1). ______________________________________________________________________________ IN THE APPELLATE COURT OF ILLINOIS FIRST DISTRICT ______________________________________________________________________________ GERAGOS & GERAGOS, a professional corporation, ) Appeal from the and MARK J. GERAGOS, an individual, ) Circuit Court of ) Cook County. Plaintiffs-Appellants, ) ) No. 22 L 002626 v. ) ) Honorable ABIMBOLA OSUNDAIRO, an individual, OLABINJO ) Patrick J. Sherlock, OSUNDAIRO, an individual, GLORIA SCHMIDT ) Judge, Presiding. RODRIGUEZ, an individual, JORGE RODRIGUEZ, an ) individual, GREGORY KULIS, an individual, JAMES D. ) TUNICK, an individual, THE GLORIA LAW GROUP, a ) law corporation, GREGORY E. KULIS & ASSOCIATES, ) a law corporation, and LAW OFFICE OF JAMES D. ) TUNICK, a law corporation, ) ) Defendants-Appellees. )

JUSTICE ODEN JOHNSON delivered the judgment of the court. Justices Mikva and Tailor concurred in the judgment.

ORDER No. 1-23-2510

¶ 1 Held: We affirm the dismissal of plaintiffs’ first amended complaint where it failed to set forth the special injury/damages element of malicious prosecution. We also find that the circuit court did not abuse its discretion in denying plaintiffs’ motion to vacate/leave to file an amended complaint because it was not an abuse of discretion where plaintiffs’ failed to meet the standards for reconsideration, attempted to raise a new theory of the case, and plaintiffs failed to attach a proposed amended complaint for consideration.

¶ 2 Plaintiffs Geragos & Geragos, a professional corporation (Geragos Firm), and Mark Geragos,

an individual (Geragos) (collectively plaintiffs) appeal from an order of the circuit court of Cook

County dismissing their first amended complaint with prejudice. On appeal, plaintiffs contend that:

(1) its first amended complaint sufficiently alleged malice and special damages to support a claim

of malicious prosecution, and (2) the circuit court abused its discretion in denying plaintiffs’

motion to vacate the dismissal because the newly discovered evidence, which the court found was

obtained with due diligence, was additional, noncumulative support for plaintiffs’ allegations of

malice and special damages and would probably have changed the court’s ruling. For the following

reasons, we affirm.

¶3 I. BACKGROUND

¶4 A. Nature of the Case

¶ 5 The factual background of this case is taken from the circuit court’s June 20, 2023, written

order entered on defendants’ motions to dismiss.

¶ 6 On January 29, 2019, actor Jussie Smollett (Smollett) reported that unknown assailants

wearing ski masks attacked him outside of his Chicago apartment at approximately 2 a.m. On

February 13, 2019, the Chicago police arrested two brothers, Olabinjo and Abimbola Osundairo

(collectively the brothers), based on “overwhelming evidence” that the brothers attacked Smollett.

While the brothers initially denied involvement in the Smollett attack, after being in police custody

-2- No. 1-23-2510

for a while, they admitted their involvement but claimed that it was part of a hoax orchestrated by

Smollett. Based on those statements, the brothers were released without being charged. Smollett

was subsequently charged on February 20, 2019, with 16 counts of disorderly conduct in the circuit

court of Cook County for allegedly filing a false police report. Smollett hired plaintiffs to represent

him in the criminal case. On March 26, 2019, the circuit court dismissed all charges against

Smollett on motion by the Cook County State’s Attorney.

¶ 7 On April 23, 2019, the brothers, represented by defendants Gloria Schmidt Rodriguez and

Jorge Rodriguez of The Gloria Law Group (Rodriguez Firm), Gregory Kulis of Gregory E. Kulis

& Associates (Kulis Firm), and James D. Tunick of the Law Offices of James D. Tunick (Tunick

Firm), filed a federal lawsuit against plaintiffs. The federal suit alleged that Geragos made false

and defamatory statements about the brothers on an episode of his podcast, “Reasonable Doubt.”

Specific statements credited to Geragos in the complaint did not appear in the transcript of the

podcast. The same day as the filing of the federal defamation suit, the brothers’ attorneys held a

press conference where the allegations were repeated. The press conference had national media

coverage.

¶ 8 Plaintiffs filed a motion in the federal defamation case to dismiss and for Rule 11 sanctions.

On March 17, 2020, the federal court dismissed all claims against plaintiffs finding that Geragos

made no statements during the podcast that could reasonably be interpreted as being implicated by

the allegations in the complaint. The defamation and false light claims against Geragos were

dismissed as was the unrecognized claim against the Geragos Firm for respondeat superior.

Claims pending against another party, Tina Glandian, were not dismissed and that case remained

pending.

-3- No. 1-23-2510

¶ 9 Plaintiffs alleged that after being dismissed from the case, Schmidt Rodriguis continued to

assert that Geragos was not dismissed entirely from the case through social media posts and press

statements. Plaintiffs contended that the lawsuit and continued efforts to mislead the public were

to capitalize on the notoriety of the incident, monetize opportunities for the brothers through media

attention, and to draw media attention to the defendant lawyers and their firms.

¶ 10 Plaintiffs also alleged that they were damaged; specifically, plaintiffs alleged that the

negative publicity surrounding the federal suit caused them reputational harm. Additionally,

plaintiffs alleged special injuries that through the lawsuit, defendants silenced Geragos from

speaking about the Smollett case on his podcast. Further, plaintiffs alleged that due to the lawsuit,

they did not represent Smollett in the subsequent criminal proceedings and civil proceedings

pursuant to Illinois Supreme Court Rule 707 (eff. Feb. 1, 2018) 1 which resulted in a loss of

revenue.

¶ 11 B. Procedural History

¶ 12 Plaintiffs filed their initial single-count complaint for malicious prosecution on March 17,

2022. On October 17, 2022, Tunick and the Tunick Firm filed a section 2-615 (735 ILCS 5/2-615

(West 2022)) motion to dismiss the case with prejudice. The remaining defendants filed similar

motions on October 18 and 19, 2022. The circuit court partially granted the motions and dismissed

plaintiffs’ complaint without prejudice and granted them leave to replead.

¶ 13 On March 9, 2023, plaintiffs filed their first amended complaint in which they extensively

supplemented their allegations of malice and special damages. Defendants subsequently filed

1 Supreme Court Rule 707 grants permission for an out-of-state attorney to provide legal services in proceedings in Illinois.

-4- No. 1-23-2510

section 2-615 motions to dismiss with prejudice on March 30, 31 and April 11, 2023. Plaintiffs

filed responses to the defendants’ motions to dismiss and also filed a motion to strike the factual

allegations and exhibits of the brothers’ motion; a motion to strike portions of Tunick’s motion

and to dismiss Kulis’ untimely motion in its entirety.

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2026 IL App (1st) 232510-U, Counsel Stack Legal Research, https://law.counselstack.com/opinion/geragos-geragos-v-osundairo-illappct-2026.