Commercial Litigation

Back to Practice Areas

Clients call upon the experienced trial lawyers of Williams Montgomery & John to provide resolute and effective advocacy in complex business and financial disputes. The firm's commercial litigation group, our largest practice, has established a record of achieving successful results for clients in federal and state courts across the country.

Our commercial litigators have extensive jury trial, bench trial and arbitration experience in complex commercial disputes involving multimillion-dollar claims for breach of contract, construction delays, consumer fraud, breach of franchise agreements, insurance bad faith, antitrust violations and unfair business practices. We also have experience with financial disputes involving breach of fiduciary duty, wrongful dissolution of corporations and partnerships, corporate oppression, trade secrets, restrictive covenants, securities and commodities fraud, real estate litigation, and substantive bankruptcy matters.

Williams Montgomery & John has represented clients such as CBS Broadcasting, 3M, ConocoPhillips Petroleum Company, Goodyear Tire & Rubber Co., Honeywell International, Indeck Energy, Siemens Energy, Inc., IBM, Genentech, Inc., The Terminix International Co., Johns Manville International, Inc. and Whirlpool Corporation. In addition to large corporations, our commercial litigators also have represented hedge funds, brokerage firms, pension plan trustees, entrepreneurs and family owned businesses.

As examples of results we have achieved for our clients in commercial litigation matters, we:

  • Won a decision of "not guilty" for Siemens Westinghouse in a complex arbitration in Washington, D.C. of a construction lawsuit brought by Athens Generating involving claims for tens of millions of dollars.
  • Successfully defended a major hedge fund firm in a lawsuit for breach of contract, breach of fiduciary duty and fraud.
  • Served as lead trial and appellate counsel in an automobile franchise act lawsuit against a major auto manufacturer that has had a major impact on Illinois statutory law.
  • Successfully represented a director and a member of the audit committee in a multimillion-dollar breach of fiduciary duty lawsuit by a trustee in bankruptcy involving a major publicly traded company.
  • Won a multimillion-dollar verdict for a national construction company in a lawsuit for breach of contract and delay damages.

A more descriptive list of representative matters can be found by clicking on the "Representative Matters" link above.

The firm's commercial litigation practice is led by partners Peter John and Barry Montgomery, who are fellows of the International Academy of Trial Lawyers and are recognized in The Best Lawyers in America for Commercial and Bet-the-Company litigation.

For more information about the firm's commercial litigation practice, please contact Mr. John at 312.443.3210 or pcj@willmont.com.

   




Representative Matters

  • All Printing Resources v. Goodyear Tire & Rubber Co.

    U.S. District Court, Northern District of Illinois
    Achieved settlement on the courthouse steps for nuisance value of $35,000 on behalf of Goodyear in a fraud and promissory estoppel action. The plaintiff, a distributor of Goodyear's flexographic manufactured goods, had claimed damages in excess of $3 million.

  • AmAudit v. Azavar Audit Solutions
    Circuit Court of Cook County, Ill.
    Currently represent municipal utility cost and tax audit service company in commercial lawsuit. Plaintiff alleges fraud, breach of contract and violation of Illinois Uniform Deceptive Trade Practices Act. Case pending.
  • An Engineering Firm v. Siemens Westinghouse Electric Corporation and Mitsui Babcock Energy Limited

    American Arbitration Association, New York (2000)
    Successfully resolved lawsuit against client Siemens Westinghouse alleging economic coercion and seeking to void a contract involving power plants in China. After six-month arbitration, settled damages issues on confidential basis.

  • 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 and liquidated damages. Siemens supplied combustion turbine generators and 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 and 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.

  • Belleville Toyota v. Toyota Motor Sales, et al.

    316 Ill. App. 3d 227 (5th Dist. 2000), reversed in part, 199 Ill.2d 325 (2002)
    Handled case of first impression involving claims of Illinois Motor Vehicle Franchise Act violation and breach of contract claims. Appellate court found that UCC statute of limitations applies to franchise agreements and that statute of limitations is not tolled by continuing breaches of contract or continuing violations of Franchise Act.

  • Central Illinois Light Co. v. Freeman United Coal Co.

    Arbitration, Chicago, Ill.
    Won breach of contract suit on behalf of Central Illinois Light Co. Plaintiff sought damages and termination in connection with a long-term coal supply agreement.

  • Champ v. Siegel Trading Co., et al.

    U.S. District Court, Northern District of Illinois and U.S. Court of Appeals, Seventh Circuit.
    Successfully represented commodities brokerage firm in class action arbitration claim. Ruling against class-wide arbitration under the Federal Arbitration Act subsequently was cited by United States Supreme Court in seminal 2010 case on the subject.

  • City of Chicago v. Murphy Jahn

    Circuit Court of Cook County, Ill.
    Obtained dismissal of breach of contract and negligent representation claims against structural engineering firm Werner Sobek, which was engaged by the City of Chicago to develop structural steel plans and specifications for the renovation of the domestic terminals at O'Hare Airport. The City sought several million dollars in damages from the defendant for full scale remediation of faulty welds.

  • Ferguson v. Roberts

    U.S. Court of Appeals, Seventh Circuit
    Obtained judgment in favor of defendant attorneys in securities fraud litigation involving an alleged scheme to defraud investors in real estate. Prevailed on appeal, 11 F.3d 696 (7th Cir. 1993).

  • Goodyear v. Lucas

    Circuit Court of Cook County, Ill.
    Obtained judgment for client Goodyear entered against two corporations and an individual in a lawsuit involving a breach of contract claim and a claim under the Illinois Uniform Fraudulent Transfer of Assets statute.

  • Heartland Financial U.S.A. v. Financial Institutions Capital Appreciation Partners I, L.P. et al.

    U.S. District Court, Northern District of Illinois
    Obtained dismissal, with prejudice, of Rule 10b-5 and Section 20(a) controlling person claims arising out of limited partnership investments.

  • I-55 Truckstop Properties LLC v. SGM Enterprises, Inc.
    Circuit Court of Will County, Ill.
    Successfully resolved litigation on behalf of the owner of a truck stop facility in an action to quiet title arising from claims for mechanic's lien.
  • IGL v. Coastal Mart, Inc.

    Circuit Court of Will County, Ill.
    Settled lawsuit on courthouse steps for nuisance amount of $50,000 on behalf of Coastal Corporation and Coastal Mart, Inc. Plaintiff alleged fraud and breach of exclusive sales agreement for supply of frozen carbonated beverages in Coastal Mart mini-stores throughout the United States, claiming millions of dollars in damages.

  • 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 and 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.

  • In re Darrel K. Ortiz

    U.S. Bankruptcy Court, Northern District of Illinois
    Maximized creditor's recovery of proceeds from the sale of various foreclosed commercial property improperly and/or incorrectly listed as an asset of debtor's estate through extensive negotiations with the trustee and by overcoming co-creditor's challenges.

  • In re EDG Holdings

    U.S. District Court, Southern District of Illinois
    Won decision for Combined Oil Company, an interested party, in bankruptcy court litigation. The debtor, an environmental company, provided remediation services on property containing underground natural gas storage tanks. At issue was whether the contracts between Combined Oil and the debtor were executory in nature and therefore required to be held as part of the debtor's property in the bankruptcy estate. Court granted motion to reject the contracts from the bankruptcy estate on the basis that the debtor could not perform the work required pursuant to the agreements, finding in favor of the client and rejecting the contracts.

  • In re Ferrosillicon Antitrust Litigation

    U.S. District Court, Western District of Pennsylvania
    Obtained jury verdict in favor of defendant in price-fixing antitrust case. Class plaintiffs sought $200 million based on factual record developed by the Department of Justice that led to criminal guilty pleas and convictions of other industry players.

  • In re Raymond Professional Group, Inc.

    U.S. Bankruptcy Court, Northern District of Illinois
    Successfully represented creditor sub-contractor in the recovery of more than $3.5 million from debtor-in-possession. DIP filed numerous adversary complaints seeking a determination, under 11 U.S.C. § 542, that a bank account containing funds held in trust for creditor sub-contractor were estate property. Achieved complete recovery for client after a complex and lengthy three-week trial resulting in more than ten published decisions.

  • In re: 2401 Willow Real Estate LLC
    Circuit Court of Cook County, Ill.
    Disposed of multiple mechanic's lien claims against a real estate, fuel station and convenience store owner arising from the untimely bankruptcy filing by a general contractor.
  • International Financial Services Corporation v. Didde Corporation, et al.

    U.S. District Court, Northern District of Illinois and U.S. Court of Appeals, Seventh Circuit
    Won seven-figure jury verdict piercing the corporate veil against alter-ego affiliates of bankrupt company.

  • James Forsythe and John Forsythe v. Indeck Energy Services, Inc., et al.

    U.S. District Court, Northern District of Illinois
    Successfully resolved Rule 10b-5 and Section 20(a) claims against officers and directors of Indeck Energy. Plaintiffs paid defendants' substantial litigation costs after they were persuaded to dismiss their claims.

  • Janikowski v. Lynch Motor Group

    U.S. Court of Appeals, Seventh Circuit
    Won affirmance of summary judgment entered in favor of defendant in a class action alleging violation of the Truth in Lending Act (TILA) and consumer fraud based on auto dealer's credit sales practice.

  • Knip v. Ohio Casualty Group, Inc.

    Circuit Court of Champaign County, Ill.
    Obtained summary judgment on behalf of Ohio Casualty Group in breach of contract and bad faith lawsuit. Plaintiff's claims arose out of defendant's denial of coverage for a property damage claim based on plaintiff's failure to cooperate.

  • Kotlisky v. Attorneys

    U.S. District Court, Northern District of Illinois
    Obtained judgment in favor of defendant attorneys in securities fraud litigation involving alleged scheme to defraud investors in an Indian gaming casino.

  • Montgomery, et al. v. Aetna Plywood, et al.

    U.S. District Court, Northern District of Illinois
    Beneficiaries of ESOP Trust brought lawsuit against corporation and its ESOP trustees for breach of fiduciary duties and ERISA violations.  Verdict for client trustees after trial

  • Prudential Plaza Associates v. Turner Construction Company

    Circuit Court of Cook County, Ill.
    Won $9 million breach of contract and promissory fraud counterclaim for defendant Turner Construction. Plaintiff originally sought $37 million in delay and remedial damages arising out of the construction of Two Prudential Plaza. (Selected by The National Law Journal as one of the "Outstanding Defense Verdicts" in the United States).

  • Reznikoff v. Indiana Insurance Co.

    Circuit Court of Cook County, Ill.
    Obtained judgment on the pleadings in favor of defendant insurer in bad faith lawsuit. Plaintiff's claim arose out of defendant's denial of coverage for several hundred thousand dollars of water damage to business property.

  • Sears Roebuck and Co. v. Duke-Weeks Realty Limited Partnership, et al.

    Circuit Court of Will County, Ill.
    Settled multimillion-dollar lawsuit brought against owner by tenant involving a large midwest distribution warehouse used by Sears. Tenant alleged roof collapse was caused by faulty construction, design and failure to maintain.  Settlement obtained from contractor and subcontractors, resulting in no payment by client owner.

  • Securities and Exchange Commission v. Cucuz

    U.S. District Court, Eastern District of Michigan
    Obtained favorable jury verdict on behalf of defendant, former CEO of large multinational manufacturing company, in civil securities case brought by the Securities and Exchange Commission. Case arose out of default on $300 million of bonds issued by the company.

  • Siemens Westinghouse Power Corp. v. The Shaw Group, Inc. and Stone & Webster, Inc.

    U.S. District Court, Central District of Illinois, Rock Island 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.

  • Smith as Bankruptcy Plan Trustee for Estate of Boston Chicken, Inc. v. Arthur Anderson, et al.

    U.S. District Court, District Court of Arizona
    Represented individual director and member of audit committee of Boston Chicken, Inc. in suit against breach of fiduciary duty claims arising out of the Boston Chicken bankruptcy. Settled after extensive discovery and while summary judgment motions were pending.

  • Tirapelli v. Advanced Equities, Inc., et al.

    U.S. District Court, Northern District of Illinois
    Obtained summary judgment on all federal claims against client Advanced Equities and its officers in a Rule 10b-5 securities lawsuit.

  • 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 England. LOF refused to pay large tax liability. Jury awarded Trinova $6 million in additional taxes plus interest and attorneys' fees totaling $10 million.

  • U.S. Army Corps of Engineers v. Tao & Associates

    Contract Board of Appeals, Washington D.C.
    Resolved breach of contract claim with no payment by client Tao & Associates, the architect/prime contractor of a computer building at the Scott Air Force Base in Southern Illinois. Lawsuit alleged that the roof of the building leaked and caused water damage to the base's computer equipment.

  • U.S. Bank, N.A., et al. v. Clark, et al.

    Supreme Court of Illinois
    In a case with industry-wide implications, successfully contended that federal law pre-empted the Illinois Interest Act and prevented the application of fines and penalties against certain mortgage lenders.

  • Vintage Capital Group, LLC v. Ronald Peterson, as bankruptcy Trustee of Lancelot Investors Funds, LP

    U.S. Bankruptcy Court, Northern District of Illinois
    Brought lawsuit to recover funds that an investment firm client had deposited with a fund operator shortly before its ponzi operations were exposed by federal prosecutors and it filed for bankruptcy protection. Settled adversary claims on eve of trial to allow recovery of client's funds from the estate in preference to limited partner investors.

  • Whirlpool Corporation v. Sensata Technologies, Inc. and Texas Instruments Inc.

    Circuit Court of Cook County, Ill.
    Represented consumer products manufacturer in product liability lawsuit brought against supplier to recover damages caused by recall of 1.8 million refrigerators. Supplier manufactured start relay connected to compressor.  Successfully resolved on eve of trial.

  • Winarski, et al. v. Nannenga, et al.

    U.S. District Court, Northern District of Indiana
    Obtained dismissal of claims against pension plan trustees in class action arising out of bribery conviction of co-trustee related to pension plan investment.

  • 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.

  • Zeller Realty Corp. v. AXA Equitable Life Insurance Co.

    Circuit Court of Cook County, Ill.
    Represented defendant in a breach of contract and fraudulent concealment lawsuit stemming from the sale of a large commercial building.  Following a two-week jury trial, the co-defendant settled with plaintiff which resolved the case.

  • Zurich Insurance Company v. Federal Insurance Co.

    U.S. District Court, Northern District of California
    Bad faith lawsuit brought by excess insurer against client primary insurer arising out of substantial excess judgment in personal injury case.