Significant cases handled by our commercial litigation attorneys include:
Breach of Contract and Warranties: Bechtel v. Athens v. Siemens Power Generation, Arbitration, Washington, D.C. Represent Siemens in a major arbitration seeking $72M for claimed delays due to product modifications of Siemens power plant equipment. Arbitration hearing has continued for over two years and Siemens provisionally dismissed due to motion for summary judgment for lack of indemnity obligation to power plant owner.
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.
ConocoPhillips v. Level 3 Communications, et al. Circuit Court, Third Judicial Circuit, Madison County, IL. Represented ConocoPhillips in a damage claim for destruction of the ConocoPhillips refineries outfall server during Level 3's fiber cable underground installation. Received a $4.7M jury verdict.
Dana v. SPX, U.S.D.C., Toledo, OH. Represent Dana. Fifth Circuit reversed summary judgment for SPX. Suit by client Dana to recover loss due to SPX’s violation of warranty due to existence of first refusal in sale of stock of company to Dana. Trial scheduled for fall, 2008.
Forsythe Racing v. Swift Engineering, Washington, D.C. Claim brought before AAA. Represented Forsythe Racing for breach of contract and defended Swift’s breach of contract claim. Panel awarded Swift damages for breach of contract.
Imo Industries, Inc. v. Siemens DeMag Delaval Turbomachinery, Court of Chancery, New Castle County, DE. Won summary judgment for defendants Mannesmann Corporation and DeMag Delaval Turbomachinery Corporation on a counterclaim for contractual indemnity of asbestos claims under an Asset Purchase Agreement.
Infinity Radio Operations, Inc. v. Hispanic Broadcasting Corp., et al., Circuit Court of Cook County, IL. Received summary judgment for Infinity Radio against HBC in the tortuous interference of HBC in hiring a radio announcer while still under contract to Infinity.
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.
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.
Union Carbide v. Siemens Westinghouse and Fluor, New York. Represented SWPC in $10M claim of breach of warranty on sale of TWAC generators. Brought into case to mediate and argue the enforceable limitation of consequential damages under UCC 2-719. Case settled during mediation.
Utility Resource Management v. American Hotel Register, U.S.D.C., N.D., IL. Brought in to try case based on development of new defense theory not claimed by prior counsel. Represented defendant American Hotel Register in breach of contract claim for utility consulting services in a bench trial. Case dropped by plaintiff in 2004 just before closing arguments.
Viacom v. Donald Flynn, et al., Cook County, IL. Represented Viacom in this suit for breach of warranty in the sale of Discovery Zone, Inc. seeking over $25M. This matter was successfully settled on behalf of Viacom.
Winfertility v. IntegraMed, Supreme Court of State of NY, County of Westchester. Represented plaintiff in claim for breach of contract due to failure to pay for services after wrongful termination of five year contract. Won $265,000 verdict from jury after two week trial.
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.
Shula Development v. Hiffman Shafer Associates, et al., Cook County, IL; Appellate Court of IL, 1st Dist. Shula received $1.8M judgment in trial court for conflict of interest in acquisition of land. Obtained reversal of plaintiff's $1.8M judgment and received judgment for defendant HSA in Appellate Court without remand due to inconsistent verdict.
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.
Represented Vickers, a manufacturer of hydraulic parts, in twelve cases nationwide defending Vickers from claims of breach of contract, breach of implied duty of good faith, fraud, promissory estoppel, interference with contract, interference with prospective business relations, conversion of trade secrets, misappropriation of trade secrets, breach of fiduciary duty and unjust enrichment.
Fiduciary Duty 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.
