Business Is the Heart of Our Practice
Clients throughout the United States choose the experienced trial lawyers of WM&J to handle their business and financial disputes. WM&J’s experience, approach, and excellence in advocacy set us apart. Our commercial litigation group is our largest practice. Our litigators have a record of obtaining successful results in federal and state courts across the country. Many of our partners have been recognized by their peers as leading lawyers for commercial litigation. We deliver the benefits of a results-oriented case management approach and the fearless and effective advocacy that only experienced trial lawyers can provide.
Focus on Results & Client Service
We take pride in our proven ability to effectively evaluate cases, regardless of their complexity, and to devise and execute a litigation plan to achieve our client’s goals. In some cases, we offer alternative fee and staffing arrangements that are most appropriate based on the particular demands of the case.
Our commercial litigation practice has encompassed areas such as multi-million dollar claims for breach of contract, breach of fiduciary duties, consumer and commercial fraud, securities fraud, shareholder rights litigation, and antitrust. Our commercial lawyers have represented clients such as CBS Broadcasting, Central Illinois Light Co., Citadel, ConocoPhillips Petroleum Company, Goodyear Tire & Rubber Co., Jordan Industries, Indeck Energy, Siemens Power Generation, Viacom/MTV Network Enterprises, and Woodward Governor Company.
Pro-Active Discovery and Document Management
Our pro-active case management also extends to the way we handle your e-discovery issues. WM&J is on the cutting edge in the use of computerized litigation support technology to handle the production of electronic documents. In responding to electronic discovery requests, we work closely with clients and opposing counsel to create a plan that targets the goals of the case, thus permitting a purposeful and efficient review of the documents.
Representative Cases
Significant cases handled by our commercial litigation attorneys include:
Class Action Defense:
Tishel v. Shell Oil Company, et al., Cook County, IL, Chancery. Represented Phillips Petroleum Company in class action suit for high gasoline prices in Illinois. Obtained dismissal of case.
Breach of Contract and Warranties:
Trinova v. LOF Glass, et al., Lucas County, OH. Represented Trinova in breach of contract action concerning tax liabilities. Jury awarded $6M to Trinova and denied four counterclaims. The court subsequently awarded $1.7M in attorneys’ fees and $2.2M in pre-judgment interest.
Polsky v. Indeck Energy Service, Inc., Cook County, IL. Represented Indeck Energy in breach of employment and stock agreements. Polsky won an arbitration award of $24M. We obtained reversal of$17M of the arbitration award.
Siemens Westinghouse Power Corp. v. The Shaw Group, Inc. and Stone & Webster, Inc., U.S.D.C., N.D. IL. Won summary judgment for Siemens to defeat a $7M claim for liquidated damages due to claimed delivery delay in providing a turbine to a power plant.
Central Illinois Light Co. v. Freeman United Coal Co., JAMS arbitration. Represented Illinois utility against coal company for breach of cost-plus coal contract. Obtained damage award for client after 5 week arbitration hearing.
Real Estate Litigation:
Terracom v. Coleman Cable & Wire Company, Cook County, IL. Represented defendant to enforce sale of $3M commercial building. Specific performance denied. Appellate Court affirmed for client.
Distributor Terminations:
All Printing Resources v. Goodyear Tire & Rubber Co., U.S.D.C., N.D. IL. Represented Goodyear in alleged fraud and promissory estoppel action against Goodyear by a distributor of Goodyear’s flexographic manufactured goods. Claimed damages in excess of $3M. Case settled for nuisance value of $35,000 on the courthouse steps.
Fiduciary Litigation:
Smith, as Trustee of Boston Chicken v. Arthur Anderson, et al., U.S.D.C., AZ. Defense of corporate director and member of audit committee in $1 billion suit alleging breach of fiduciary duty. Settled favorably after extensive discovery and while summary judgment motions were pending.
Montgomery, et al. v. Aetna Plywood, et al., U.S.D.C., N.D. IL. Represented defendant ESOP Trustees in class action suit by beneficiaries of ESOP Trust for breach of fiduciary duties and ERISA violations. Verdict for clients.
If you would like more information about the firm's commercial practice, please contact:
Peter C. John
Phone: 312-443-3210
E-mail: pcj@willmont.com