Trials (excluding criminal cases):
• Buck-Leiter Palm Ave. Development, LLC v. City of Sarasota, case no. 2010 CA 61800, Circuit Court of the 12th Circuit Sarasota, County, FL. Represented the plaintiff, a real estate development company in a breach of contract case against the defendant following the termination of a project. Following a 5-day jury trial the jury found against the defendant and awarded plaintiff $49.7 million in damages. Case was tried in May 2018.
• Matthews v. Jake Debus, et al, case no. 14 cv 6003, U.S. Dist. Court, N.D.IL. Represented Will County and three correctional officers alleged to have violated plaintiff’s constitutional rights including using excessive force and committing battery against plaintiff while in the Will County Correctional Facility. Following a 5-day jury trial, the jury returned a not guilty verdict on 14 of the 15 counts and awarded plaintiff nominal damages of $1 on the 15th count. Case was tried in March 2020.
• Flow Capital Corp. v. BESH Holding Corp. et al, (NDI IL 17 cv 0810), represented plaintiff, an asset investor and advisor providing capital to emerging growth businesses, in a bench trial for breach of contract and other claims. Following trial, obtained a guilty verdict and a $1.9 million judgment.
• Zeller Realty Corp. v. AXA Equitable Life Insurance Co., et al., Circuit Court of Cook County, Illinois. Represented insurance company defendant in breach of contract and fraudulent concealment lawsuit regarding the sale of well-known office building through a two-week jury trial. Case settled just before closing argument, the co-defendants – and not the client – paid all settlement funds.
• American Enterprise Bank v. Becker, et.al., Circuit Court of Lake County, Illinois. Represented plaintiff in a lengthy bench trial involving claims of breach of fiduciary duty and care of loyalty against former bank executives involving the issuance, approval, and management of the bank’s Small Business Administration (SBA) loan portfolio.
• Aqua Finance v. Baker Tilly Virchow Krause, Circuit Court Marathon County, Wisconsin. Defended accounting firm in 2-week jury trial in which plaintiff alleged $327 million in damages from accounting malpractice. Following jury verdict, plaintiff settled case for less than jury verdict and for the same amount offered in settlement prior to trial.
• CDW Corporation v. Impact Sports (Sept. 2020), at court ordered mandatory commercial arbitration obtained favorable award for our client CDW on all claims including breach of contract, fraud, and Illinois Consumer Fraud and Deceptive Business Practices Act. Arbitrator awarded all damages and attorney fees.
• Dr. Patel v. Center for Pain, arbitration in Chicago (2020). Obtained a not guilty on behalf of defendant for claims of breach of employment contract, and successfully obtained a verdict for defendant on counterclaims for breach of contract, including injunctive relief.
• Bechtel Power Corp., et al. v. Athens Generating Corp., et al. v. Siemens Westinghouse Power Corp. arbitration in Washington, D.C. Achieved verdict of “not guilty” for client Siemens Westinghouse Power in arbitration of construction claims brought by Athens Generating seeking tens of millions of dollars in delays and liquidated damages. Siemens supplied combustion turbine generators and other equipment to a power plant in New York owned by Athens. When delays derailed the construction schedule, the general contractor, Bechtel, sued Athens for liquidated and other damages. Athens sought contribution or indemnity from Siemens. After a hearing spanning periods over more than three years, the arbitration panel found that Athens was entitled to no relief from Siemens by way of contribution, indemnity or otherwise.
• Sovereign Software Arbitration (Chicago), represented software company in a breach of contract and legal malpractice matter against one of the top 10 largest law firms in the country. Following a 5-day hearing, obtained a favorable result for client.
• Confidential Arbitration (New York), represented one of the largest designer, manufacturer and service providers of control systems for aircraft and industrial engines in a breach of contract dispute with one of its vendor. Arbitration lasted over four weeks in New York.
• Confidential Arbitrations (Scottsdale and Chicago), represented real estate franchisor in 6 separate arbitrations over a three-year period against franchisees for breach of a franchise agreement. Obtained a favorable award in all 6 arbitrations.
Representative commercial matters:
• Indiana & Michigan Power Co. v. Siemens, U.S. District Court, SD of Ohio. Represented Siemens as defendant and counterclaimant in dispute relating to millions of dollars incurred in the repair of Siemens’ turbines at a nuclear facility. Successfully obtained dismissal of plaintiffs’ breach of contract and breach of warranty claims as initially filed and as amended. Case settled following mediation.
• Tokyo Kikai Seisakusho (TKS USA) v. Perkins Coie,DC LLP, DC Superior Court. Represented plaintiff, a printing press manufacturer, against defendant law firm in a legal malpractice case stemming from work the law firm did involving anti-dumping laws on imported products. The case settled for $19 million.
• Imo Industries, Inc. v. Siemens DeMag Delaval Turbomachinery, Court of Chancery for the State of Delaware, New Castle County. Secured summary judgment for defendants on a counterclaim for contractual indemnity of asbestos claims under an asset purchase agreement. Judgment was affirmed by the Delaware Supreme Court.
• White v. Kenneth Warren & Son, et al., U.S. District Court, ND of Illinois.
Represented executors of English estate in action against defendant appraisers and violin dealers for conspiracy to defraud the estate out of the fair value of rare violins. Attracting international attention – and feature articles in the Guardian, Wall Street Journal and Chicago Tribune – the case settled days before trial
Representative Antitrust Opt-Out Matters:
• In Re Capacitors Antitrust Litigation, ND Calf, case no. 14cv3264, represent Flextronics against a group of capacitor manufacturers for antitrust price fixing violations. The class action trial started in March 2020 but was halted due to concerns over COVID-19. Class trial expected to later in 2020.
• In re Resistors Antitrust Litigation, ND Calf., case no. 15cv3820, represent Flextronics against a group of resistor manufacturers for antitrust price fixing violations, discovery is ongoing.
• In Re Package Seafood Products Litigation, SD Calf., case no. 2015cv2500, represented a group of wholesalers and grocery store chains against tuna manufacturers for antitrust price fixing violations, case settled with 2 of 3 defendants and the last defendant filed for bankruptcy.
• In Re Polyurethane Foam Antitrust Litigation, ND Ohio, case no. 10md02196, represented a group of mattress companies against large polyurethane foam manufacturers for antitrust price fixing violations. Case settled 2 weeks before trial.
• In Re Lithium Ion Batteries, ND Calf. case no. 13md2420, represented Flextronics against large LIB manufacturers for antitrust price fixing violations, case settled favorably shortly before trial.