Cases
Representative Matters: An Engineering Firm v. Siemens Westinghouse Electric Corporation
Mitsui Babcock Energy Limited
American Arbitration Association, New York (2000)
Successfully resolved lawsuit against client Siemens Westinghouse alleging economic coercion
seeking to void a contract involving power plants in China. After six-month arbitration, settled damages issues on confidential basis.
Bass v. Katten Muchin Zavis Rosenman, et al.
Circuit Court of Cook County, Ill.
Defended law firm against claims client failed to revoke a prior trust unknown to law firm since client failed to reveal his assets were in a prior trust. Case settled before opening statements.
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.
CNA v. Meckler
Circuit Court of Cook County, Ill.
Represented defendant in claim for legal malpractice in the defense of plaintiff's insureds. Defendant counterclaimed for $1.5 million in fees owed by plaintiff. Case resolved in mediation.
ConocoPhillips v. Level 3 Communications, et al.
Circuit Court of Madison County, Ill. (2006)
Won $4.7 million jury verdict on behalf of ConocoPhillips in property damage case. Jury found negligence, trespass
nuisance against the defendant after a two-week trial.
Duro-Med Industries, et al. v. Bryan Cave
Private Arbitration, Kansas City, Mo.
Action involving patent rights in Japan
Europe.
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.
Marc Cohen, et al. v. Blockbuster Entertainment, et al.
Circuit Court of Cook County, Ill., Chancery Division
Represented Blockbuster in a $90 million purported class action involving late fee claims by video renters
buyers. Appealed trial court certification twice resulting in the trial court's certifications being overturned. Trial court eventually decertified class.
Polsky v. Indeck Energy Service, Inc.
Circuit Court of Cook County, Ill. (1994)
Obtained reversal of $17 million of a $24 million arbitration award against client in breach of employment
stock agreements lawsuit.
Siemens Westinghouse Power Corp. v. The Shaw Group, Inc.
Stone & Webster, Inc.
U.S. District Court, Central District of Illinois, Rock Isl
Division
Won summary judgment for Siemens, defeating $7 million claim for liquidated damages based on the alleged delay in delivering a turbine to a power plant in Cordova, Ill.
Tishel v. Shell Oil Company, et al.
Circuit Court of Cook County, Ill.
Chancery Division (2001): Secured dismissal of class action against client Phillips Petroleum Company related to high gasoline prices in Illinois during the spring of 2000.
Trinova v. LOF Glass, et al.
Circuit Court of Lucas County, Ohio (1995)
Won jury verdict for Trinova in breach of contract lawsuit related to the acquisition of LOF Glass by Pilkington Holdings of Engl
. LOF refused to pay large tax liability. Jury awarded Trinova $6 million in additional taxes plus interest
attorneys' fees totaling $10 million.
UNR v. Continental, et al.
U.S. District Court, Northern District of Illinois (1984)
Successfully defended an insurer of UNR in $123 million claim for failure to provide complete defense to asbestos claims. UNR claimed it was forced into bankruptcy by its insurers' actions. Three-month jury trial resulted in 11 special verdicts, all in favor of defendant insurer.
Utility Resource Management v. American Hotel Register
U.S. District Court, Northern District of Illinois (2004)
Obtained a favorable settlement on behalf of American Hotel Register in a $3.2 million breach of contract suit brought by Utility Resource Management. Confidential minimal settlement was reached prior to closing arguments in a bench trial.
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.
WINFertility, Inc. v. IntegraMed, Inc.
Supreme Court of the State of New York, County of Westchester, White Plains, N.Y. (2005)
Won jury verdict for client WINFertility in breach of contract claim against IntegraMed. After a three-week trial, jury found IntegraMed breached a five-year contract after one year, but found no breach by WINFertility.
Zurich American Insurance Company
Represented Zurich American in class action in Louisiana involving workers' compensation bill review.
Zurich Insurance Co. v. Raymark
Circuit Court of Cook County, Ill.
Defended Commercial Union Insurance Co. in claim for coverage for asbestos litigation. Lost at trial. Decision resulted in creation of triple trigger theory of coverage in asbestos litigation.
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.
Appellate Decisions: Grupo Condumex, S.A., et al. v. SPX Corporation, et al., No. 05-4094 (6th Cir. 2006)
Cohen, et al. v. Blockbuster Inc., 351 Ill. App. 3d 772, 814 N.E.2d 933 (1st Dist. 2004)
Shula v. HSA, Appellate Court of Illinois, First Judicial District, No.1-00-2885 (1st Dist. 2003)
Zurich Ins. Co. v. Raymark Industries, Inc., 514 N.E.2d 150 (Ill. 1987)
UNR Industries, Inc. v. Continental Ins. Co., 607 F.Supp. 855 (N.D. Ill. 1984)
Imo Industries, Inc. v. Siemens DeMag Delaval Turbomachinery, Supreme Court of Delaware, No. 208-2005
