Cases
Significant Cases: United States Securities
Exchange Commission v. Roth 2:11-cv-02079 (CD IL 2011) Acting as federal court appointed Receiver in case arising from $16.5 million dollar securities fraud case.
Hartney Fuel Oil Company v. Hamer 2013 IL 115130 Suit was filed by a retail sales taxpayer against our client, The Regional Transportation Authority (RTA), the Illinois Department of Revenue,
a Cook County municipality contending that the assessment of back sales taxes of $20+ million was incorrect. Ultimately, the RTA's position was upheld in the Illinois Supreme Court. While the taxpayer was not required to pay back taxes pursuant to the Taxpayer Bill of Rights, the Illinois Supreme Court invalidated existing regulations in adopting a multi-factor test as argued for by the RTA, a decision which had statewide application to sales tax sourcing favoring governmental entities such as our client.
A v. B We represented the plaintiff in a trial to a federal jury arising out of defendant's breach of a technology licensing agreement. The case settled before closing arguments, resulting in a recovery for our client of multiple millions of dollars (exact amount of settlement is confidential).
Witters v. Hicks Circuit Court, Lawrence County, Illinois (Case No. 00 L 2) We represented the plaintiffs on a shareholder's fiduciary duty claim against other shareholder/officer requesting dissolution of business
damages
judgment for dissolution
$22.5 million in damages for plaintiffs (our clients)
receiver. Settled on appeal. Several interlocutory appeals established law in state receivership area.
Keach v. U.S. Trust Co. 419 F.3d 626 (2005) (U.S. District Court - Central Division - Peoria, Case No. 99-cv-1201) ERISA claim seeking $200 million in damages
judgment after trial for defendants (including our clients), affirmed on appeal.
U.S. v. Zabka Acting as federal court appointed equity receiver in federal tax case.
Platinum Jet Center BMI, LLC v. Bloomington Normal Airport Authority Circuit Court, McLean County, Illinois Case No. 06 CH 381 Plaintiff FBO sought $6 million in damages from defendant airport alleging contractual breach
judgment after jury trial against defendant (our client) for $8,500. No appeal taken.
Rosewood Care Center, Inc. v. Caterpillar Inc. 226 Ill. 2d 559 (2007) Illinois Supreme Court adopted our argument, explicitly rejecting the pre-existing debt rule under the statute of frauds
adopting of the main purpose or leading object rule.
Redarowicz v. Ohlendorf 92 Ill. 2d 171 (1982) In a case of first impression in Illinois, the Illinois Supreme Court adopted our argument that a home builder vendor's implied warranty of habitability does not extend solely to first purchaser but also to subsequent purchasers.
Baker v. West Peoria Township 286 Ill. App. 3d 1137 (3d Dist. 1997) Nuisance case brought by township (our client) against local race track
race track shut down
affirmed on appeal.
Department of Transp. v. Parr 259 Ill. App. 3d 602 (3d Dist. 1994) In a case of first impression, our argument that environmental remediation costs are not admissible in eminent domain actions to reduce fair market value of property of condemnee (our client) was upheld.
May v. Myers 254 Ill. App. 3d 210 (3d Dist. 1993) Statements of chancellor of Roman Catholic Diocese in canonical decree imposing censure on diocesan priest are not defamatory per se.
