Often a suit may be resolved most efficiently and economically by effective motion practice. Williams Montgomery & John lawyers regularly use their legal expertise and persuasive arguments to convince courts to dismiss claims pending against their clients or to reduce the effectiveness of the claims or defenses of their adversaries. The result is successful resolution of the litigation by outright dismissal of the case or a favorable settlement. Examples of these efforts are:
Dumas v. Infinity Broadcasting Corp. , U.S.D.C., N.D., IL. Represented Infinity Broadcasting Corporation in a suit alleging breach of contract and promissory estoppel. Plaintiff was seeking more than $1M in damages. The court entered summary judgment in favor of the defendant on the plaintiff's breach of contract and promissory estoppel claims based on the Illinois Statute of Frauds.
Patel v. Patel , Cook County, IL. Represented defendant Kishan Patel in an insurance agent malpractice case. The court entered summary judgment in favor of the defendant, finding that the plaintiffs had failed to prove that the defendant owed any duty to the plaintiffs or, that if he did, that a breach of that duty proximately caused any injury to the plaintiffs.
Infinity Radio Operations Inc. v. Hispanic Broadcasting Corporation , Cook County, IL. Represented plaintiff, Infinity Broadcasting, in a suit for breach of contract and tortious interference arising out of the defendant's efforts to lure a disk jockey employed by the plaintiff's Fresno, California radio station, KOQO, to the defendant's Chicago station. The plaintiff claimed millions of dollars in damages, including lost advertising revenue and promotional fees. Cross motions for summary judgment were filed. The Court denied the defendant's motion and granted Infinity's motion on both liability issues, breach of contract and tortious interference with contract, leaving only the amount of damages to be determined by the jury.
Anderson, et al v. New Dimension, et al., U.S.D.C., N.D., IL. Represented the defendant mortgage lenders in a class action for claimed violations of RESPA. Won motion to deny class certification.
Sullivan v. Group W Cable of Chicago and Westinghouse Broadcasting, U.S.DC., N.D., IL. Represented the defendants in a fraud action. Claims included securities fraud, breach of contract and breach of fiduciary duty plus fraud in connection with a limited partnership for the development of cable television in Chicago. Plaintiff’s complaint dismissed in Federal Court for lack of ability to plead a federal cause of action; refiled in state court. Dismissed twice in the State Court. Case settled for a minimal amount.
Largosa v. Ford Motor Company, Cook County, IL. Represented defendant Ford Motor Company. Product liability suit alleging defects in manufacture and design of seat belt and seat backs, allegedly resulting in severe internal injuries. Case dismissed on motion based on spoliation of evidence by plaintiff.
Ozier v. Northwestern Memorial Hospital. Represented defendant hospital in race discrimination claim under Title VII brought by discharged nurse. Case settled for nuisance value while summary judgment motion was pending.
Knepler v. Excel Corp, Cass County, IL. Represented Excel Corp. in case involving allegations of common law retaliatory discharge after employee filed a worker’s compensation claim and was terminated for dishonesty. Successfully presented a motion for summary judgment.
Imo v. Siemens Corporation, et al, Delaware. Favorable verdict for Siemens on summary judgment. Siemens sought a declaratory ruling that Imo must indemnify it and its affiliates for damages stemming from asbestos claims resulting from products sold by Imo prior to Imo selling a business to a Siemens' affiliate. In its cross-motion for summary judgment, Imo sought a declaratory ruling that it was not contractually obligated to indemnify any Siemens entity for asbestos claims because Siemens' affiliates breached the asset purchase agreement with Imo. The Delaware Chancery court ruled in Siemens' favor, holding that any such asbestos related losses incurred by Siemens or is affiliates must be indemnified by Imo pursuant to the agreement.