Cases
Representative Matters: Buck-Leiter Palm Avenue Development, LLC v. City of Sarasota: Sarasota County, FL (2018) 2010 CA 6180
Retained shortly before trial to assist in trying the case before a jury on behalf of a real estate developer in a breach of contract case. Conducted direct examinations of keys witnesses, including damages witness, cross examinations of critical defense witnesses,
closing argument. Following trial, the jury awarded our client $49.7 million in damages.
In Re Chickens Antitrust Litigation: U.S. Dist. Court, N.D. IL (2017) 17cv08850
Along with co-counsel represent several large grocers
wholesalers as direct purchasers of chickens in opt-out antitrust litigation against the nation's chicken producers, including Claxton Poultry Farms, Fieldale Farms, Foster Farms, George's, Harrison Poultry, House of Raeford Farms, Koch, Mar-Jac, Mountaire Farms, O.K. Foods, Peco Foods, Perdue, Pilgrim's Pride, S
erson Farms, Simmons Foods, Tyson Foods
Wayne Farms which are alleged to have actively participated in a price-fixing
output-restriction conspiracy from 2008 until the end of 2016.
In Re Packaged Seafood: U.S. Dist. Court, S.D. CA (2015) 15md2670
Along with co-counsel represent large direct purchasers of packaged seafood against the largest tuna manufactures alleging that packaged seafood manufacturers conspired
fixed the prices of packaged seafood sold to customers in the United States from at least as early as January 1, 2003 to the present in violation of antitrust laws.
In re: Polyurethane Foam Antitrust Litigation
U.S. Dist. Court, W. Dist. OH (2015)
Brought in as lead trial counsel for the remaining plaintiffs 12 weeks before trial was set to begin. Remaining Plaintiffs collectively sought in excess of $30 million in damages on the claim that the last remaining defendant, FXI a foam manufacturer, joined an 11-year price fixing conspiracy in the foam business immediately following the acquisition of the assets
employees of a former market participant in 2009. Case settled favorably just prior to trial.
American Enterprise Bank v. A. Becker
D. Schroeder
Circuit Court of Lake County (2014)
Three week bench trial for claims of breach of fiduciary duty
negligence against former bank management
board of directors relating to the improper oversight
issuance of Small Business Administration (SBA) loans totaling over $10 million.
Amsted Rail Co. v. Siemens Industry, Inc.
Circuit Court of Madison County, IL (2013)
Obtained successful settlement of plaintiff's claims for breach of warranty on behalf of Siemens Industry, Inc. while Siemens' motion to dismiss all claims was pending before the court.
Bechtel Power Corp., et al. v. Athens Generating Corp., et al. v. Siemens Westinghouse Power Corp.
Arbitration in Washington, D.C. (2009)
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
liquidated damages. Siemens supplied combustion turbine generators
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
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.
Confidential Arbitration
Represented software company in a two week arbitration against company's former law firm, a top 100 firm, on claims of breach of contract, breach of fiduciary duty
malpractice stemming from the law firm's representation of the company in a patent infringement lawsuit.
Confidential Arbitration
Represented manufacturer of energy control systems in a six-week arbitration before an American Arbitration Association panel in New York. Hearing involved testimony from numerous witnesses
experts focusing on whether certain mechanical components met the stated specifications in the contract.
Indiana Michigan Power Co. v. Siemens Energy, Inc.
U.S. Dist. Court, S. Dist. OH (2012)
Successfully obtained a dismissal on behalf of Siemens Energy, Inc. of plaintiff's claims for breach of contract
breach of warranty. Siemens' counterclaims for breach of contract, declaratory judgment
unjust enrichment are still pending.
Imo Industries, Inc. v. Siemens DeMag Delaval Turbomachinery
Court of Chancery for the State of Delaware, New Castle County (2005)
Secured summary judgment for defendants Mannesmann Corporation
DeMag Delaval Turbomachinery on a counterclaim for contractual indemnity of asbestos claims under an asset purchase agreement. Judgment was affirmed by the Delaware Supreme Court.
Confidential Legal Malpractice Matter
Represented prominent Chicago law firm in a six-week bench trial involving legal malpractice claims. Case stemmed from advice provided to a client regarding security law claims against an investment banking
brokerage firm.
Zeller Realty Corp. v. AXA Equitable Life Insurance Co.
Circuit Court of Cook County, Ill.
Represented defendant in a breach of contract
fraudulent concealment lawsuit stemming from the sale of a large commercial building. Following a two-week jury trial, the co-defendant settled with plaintiff which resolved the case.
Franchise Agreement Matters
American Arbitration Association
Represented national real estate franchisor in numerous arbitration matters stemming from breaches of franchise agreements by franchisers throughout the United States. Since 2008, has won more than $5 million in arbitration awards following American Arbitration Association hearings.
Forsythe Solutions v. Nexgen Corporation
Circuit Court of Cook County, Ill.
Represented plaintiff in a lawsuit for breach of a non-compete agreement against a former subcontractor of an information technology firm. Following trial, the judge found in favor of plaintiff
awarded damages for defendant's breach of non-compete agreement.
Neoforma Inc. v. MedXS Solutions, et al.
U.S. District Court, Northern District of Illinois
Represented the plaintiff in a breach of contract lawsuit involving the sale of a business to the defendants. Following summary judgment motion filed by plaintiff, the case settled.
1350 Lake Shore Associates, LLP v. City of Chicago, et al.
Circuit Court of Cook County, Ill.,
Illinois Appellate Court
As co-counsel, successfully represented a group of private l
owners at trial in opposition to a large real estate project in a historic district of Chicago that violated local building ordinances.
Braun Consulting Inc. v. Inforte Corporation, et al.
Circuit Court of Cook County, Ill.
Represented an information technology firm in a successful lawsuit against former employees for breach of a non-compete clause in an employment contract.
In Re: Capacitors Antitrust Litigation
U.S. Dist. Court, N. Dist. CA (2014), 14MD3264
Represent Flextronics International USA, Inc., as an opt-out plaintiff, against defendants which include many of the world's largest suppliers of electrolytic capacitors globally for an alleged conspiracy to fix the prices of capacitors between 2002
2010. The alleged conspiracy harmed Flextronics because it paid supra-competitive prices for the batteries it purchased during the relevant class period. Discovery is ongoing in the matter
several defendants have settled with the class for tens of millions of dollars.
In Re: Lithium Ion Batteries Antitrust Litigation
U.S. Dist. Court, N. Dist. CA (2013), 13MD2420
Represent Flextronics International USA, Inc., as an opt-out plaintiff, against defendants which include many of the world's largest suppliers of lithium ion batteries globally for an alleged conspiracy to fix the prices of lithium ion batteries between 2000
2011. The alleged conspiracy harmed Flextronics because it paid supra-competitive prices for the batteries it purchased during the relevant class period. Discovery is ongoing in the matter
several defendants have settled with the class.
