Cases
Representative Matters: Emerald Casino Trustee v. Various Officers
Directors of Emerald Casino, Inc.
U.S. District Court, Northern District of Illinois. Successfully represented former Officer
Director found not guilty in breach of contract suit by Bankruptcy Trustee resulting in a $272 million judgment against other defendants.
McDavid, Inc. v. Nike USA, Inc.
U.S. District Court, Northern District of Illinois. Successfully represented plaintiff McDavid in a patent infringement suit against Nike USA, Inc.
Prudential Plaza Associates v. Turner Construction Company
Circuit Court of Cook County, Illinois. Won $9 million breach of contract
promissory fraud counterclaim for defendant Turner Construction. Plaintiff Prudential sought $3 7 million in delay
remedial damages arising out of the construction of Two Prudential Plaza. (Selected by The National Law Journal as one of the Outst
ing Defense Verdicts in the United States).
Sean Mason ex. rel. United States v. Medline, Inc.
the Medline Foundation
U.S. District Court, Northern District of Illinois. Obtained $85 million settlement on behalf of the U.S. government representing qui tam plaintiff after the United States declined to intervene. Lawsuit brought against Medline for its national practice of securing contracts by providing kickbacks to medical care facilities. Case settled after discovery for $85 million plus attorney's fees.
Smith v. Black & Decker
Circuit Court of Will County, Illinois. Obtained a defense verdict in a product liability lawsuit against Black & Decker involving a power saw manufactured by defendant. Plaintiff alleged the defective design resulted in an accident that caused serious personal injuries. Case cited by The National Law Journal as one of the Outst
ing Defense Verdicts in the United States.
United States of America v. International Paper Company, et al.
U.S. District Court, Southern District of Texas. Won criminal antitrust case on behalf of Weyerhaeuser officer alleging national conspiracy to fix prices in the corrugated box industry in violation of the Sherman Act. At the time, was the largest criminal antitrust suit brought by the U.S. government against a single industry.
Smith as Bankruptcy Plan Trustee for Estate of Boston Chicken, Inc. v. Arthur Andersen, et al.
U.S. District Court, District Court of Arizona. Represented individual director
member of audit committee of Boston Chicken, Inc. in suit alleging breach of fiduciary duty claims arising out of the Boston Chicken bankruptcy. Settled while summary judgment motions were pending.
Central Illinois Light Co. v. Freeman United Coal Co.
Arbitration, Chicago, Illinois. Won breach of contract arbitration claim on behalf of defendant Central Illinois Light Co. Plaintiff sought damages
termination in connection with a long-term coal supply agreement.
Lister v. Bill Kelley Athletic, Inc.
Circuit Court of DuPage County, Illinois. Obtained defense verdict in a product liability lawsuit brought against helmet manufacturer Bill Kelley Athletic, Inc. involving design of a football helmet. Plaintiff alleged defective design
failure to warn after sustaining serious personal injuries when making a tackle during a high school football game. Case cited by The National Law Journal as one of the Outst
ing Defense Verdicts in the United States.
Whirlpool Corporation v. Sensata Technologies, Inc.
Texas Instruments Inc.
Circuit Court of Cook County, Illinois. Represented plaintiff consumer product manufacturer Whirlpool in product liability lawsuit against Texas Instruments Inc. to recover damages caused by recall of 1.8 million refrigerators. Settled on eve of trial.
