Cases
Representative Matters: Ahearn v. Archibald C
y Corporation
Circuit Court of Cook County, Ill.
Favorably resolved national class action against defendant Archibald C
y claiming breach of warranty
violation of the Illinois Consumer Fraud Act. Settled case after trial court denied, in part, plaintiffs' motion for class certification
granted, in part, defendant's motion for summary judgment.
Baltzell v. R & R Trucking Co.
U.S. Court of Appeals, Seventh Circuit
Won appeal before Seventh Circuit vacating a multimillion-dollar contribution judgment against employer. The trial court had denied the third-party defendant/employer's motion to waive its workers' compensation lien
motion to dismiss the third-party contribution claims of the direct defendants,
entered the contribution judgment against the employer. The Seventh Circuit ruled that, on rem
, the employer could waive its workers' compensation lien
that, after such a waiver, the contribution verdict against the employer must be dismissed.
Delach v. General Ins. Co. of America
U.S. District Court, District Court of Illinois
Obtained dismissal of a bad faith claim against an insurer arising out of its h
ling of an underinsured motorist claim. Then, in subsequent underinsured motorist arbitration, obtained an award for the insurer that required no payment of insurance proceeds.
Fuller v. Liberty Mutual Fire Ins. Co.
Circuit Court of Cook County, Ill.
Obtained dismissal, with prejudice, of national class action claims against defendant Liberty Mutual involving insurance sales practices. Plaintiffs tried consumer fraud claim based on defendant's failure to provide plaintiffs with optional water back-up coverage. On appeal, obtained complete reversal that vacated plaintiffs' award of consumer fraud damages
attorney fees.
Janikowski v. Lynch Motor Group
U.S. Court of Appeals, Seventh Circuit
Won affirmance of summary judgment entered in favor of defendant in a class action alleging violation of the Truth in Lending Act (TILA)
consumer fraud based on auto dealer's credit sales practice.
Knip v. Ohio Casualty Group, Inc.
Circuit Court of Champaign County, Ill.
Obtained summary judgment on behalf of Ohio Casualty Group in breach of contract
bad faith lawsuit. Plaintiff's claims arose out of defendant's denial of coverage for a property damage claim based on plaintiff's failure to cooperate.
Legal Housing & Debt Advisors, LLC, et. al. v. DuPage County Law Firm
Circuit Court of DuPage County, IL
Obtained dismissal of action seeking in excess of $200,000 from a law firm
its named partner for giving allegedly faulty advice during transactional representations
intentionally interfering with the plaintiffs' relationships with their customers.
Reznikoff v. Indiana Insurance Co.
Circuit Court of Cook County, Ill.
Obtained judgment on the pleadings in favor of defendant insurer in bad faith lawsuit. Plaintiff's claim arose out of defendant's denial of coverage for several hundred thous
dollars of water damage to business property.
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 against breach of fiduciary duty claims arising out of the Boston Chicken bankruptcy. Settled after extensive discovery
while summary judgment motions were pending.
Trustee for Lancelot Investors Fund, Ltd., et al. v. Katten Muchin Rosenman LLP
U.S. District Court, Northern District Court of Illinois
Defended law firm against claims that law firm failed to give advice concerning risks the client was incurring during a transactional representation. Obtained dismissal based on a law firm's lack of duty to provide business advice.
United States Fire Ins. Co. v. Zurich Ins. Co.
Circuit Court of Cook County, Ill.
Won affirmance of dismissal
summary judgment on all pending claims on behalf of a primary insurer in lawsuit brought by an excess insurer. Plaintiff was attempting to recover the defense
settlement costs it incurred in defending a party insured by both the primary
excess insurer. Appellate court affirmed that the excess insurer's complaint was properly dismissed
summarily resolved in the primary insurer's favor.
Warriner v. 3M
Circuit Court of Cook County, Ill.
Obtained dismissal of national class action product liability lawsuit against 3M concerning the sale of furnace filters.
Zurich Services Corporation Bill Review Cases
Circuit Courts in Illinois, Oklahoma
Tennessee
Represent Zurich Services Corporation, a bill review company, as national counsel defending national
state class actions claiming improper reduction of medical bills. Tennessee class action successfully resolved through motion practice
Illinois class action successfully resolved
obtained exclusion from Oklahoma class action.
