Commercial Litigation

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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 the three-and-a-half-year 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.

 

Related Publications


Representative Matters

  • Ahearn v. Archibald Candy Corporation
    Circuit Court of Cook County, Ill.
    Favorably settled national class action against Archibald Candy alleging breach of warranty and violation of the Illinois Consumer Fraud Act.
  • All Printing Resources v. Goodyear Tire & Rubber Co.
    U.S. District Court, Northern District of Illinois
    Achieved nuisance value settlement in fraud and promissory estoppel action against Goodyear. Plaintiff, a distributor of Goodyear's flexographic manufactured goods, 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
    Obtained reasonable settlement after arbitration of claims against Siemens Westinghouse involving power plants in China. Plaintiff alleged economic coercion and sought to void contract.

  • Bechtel Power Corp., et al. v. Athens Generating Corp., et al. v. Siemens Westinghouse Power Corp.
    Arbitration in Washington, D.C.
    Achieved verdict of "not guilty" for Siemens Westinghouse Power in arbitration of construction claims involving equipment supplied by Siemens to a power plant owned by Athens Generating. Plaintiff sought tens of millions of dollars in liquidated and other damages for alleged delays.
  • Belleville Toyota v. Toyota Motor Sales, et al.
    316 Ill. App. 3d 227 (5th Dist. 2000), reversed in part, 2002 WL 418140 (I1l. Sup. Ct.)
    Handled case of first impression alleging breach of contract and violation of the Illinois Motor Vehicle Franchise Act. Appellate court found UCC statute of limitations applies to franchise agreements, and 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 lawsuit against Central Illinois Light involving a long-term coal supply agreement. Plaintiff sought damages and contract termination.
  • Champ v. Siegel Trading Co., et al.
    U.S. District Court, Northern District of Illinois and U.S. Court of Appeals, Seventh Circuit.
    On behalf of commodities brokerage firm, obtained ruling against class-wide arbitration under the Federal Arbitration Act. Decision cited by United States Supreme Court in seminal 2010 case on the subject.
  • City of Chicago v. Werner Sobek
    Circuit Court of Cook County, Ill.
    Obtained dismissal of commercial lawsuit against structural engineering firm Werner Sobek arising from renovation of the domestic terminals at O'Hare Airport. Plaintiff alleged breach of contract and negligent misrepresentation and sought millions in damages for remediation of faulty welds.
  • Crystal Towers v. Johns Manville International, Inc.
    Circuit Court of Cook County, Ill.
    Obtained dismissal without settlement in lawsuit against Johns Manville involving a roofing product manufactured by defendant. Plaintiff alleged negligent misrepresentation and breach of warranty.
  • Dumas v. Infinity Broadcasting Corp.
    416 F.3d 671 (7th Cir. 2005)
    Affirmed summary judgment for Chicago radio station owner in lawsuit brought by radio personality alleging breach of contract and promissory estoppel.
  • Ferguson v. Roberts

    11 F.3d 696 (7th Cir. 1993)
    Affirmed judgment for defendant attorneys in securities fraud litigation involving alleged scheme to defraud real estate investors.

  • Fuller v. Liberty Mutual Fire Ins. Co.
    Circuit Court of Cook County, Ill.
    Obtained dismissal, with prejudice, of class action against Liberty Mutual involving insurance sales practices. Plaintiffs alleged negligence and consumer fraud based on defendant's failure to provide optional water back-up coverage. Individual claims are pending.
  • Goodyear v. Lucas
    Circuit Court of Cook County, Ill.
    Obtained judgment for Goodyear against two corporations and an individual in a lawsuit involving claims of breach of contract and violation of the Illinois Uniform Fraudulent Transfer of Assets statute.
  • Gravdahl v. Conwell
    U.S. District Court, Northern District of Illinois
    Achieved favorable mediation result before U.S. Court of Appeals for the Seventh Circuit in class action lawsuit against securities broker alleging broker-dealer and intermediary misfeasance.
  • 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 from 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.
    Achieved nuisance value settlement in commercial lawsuit against Coastal Corporation and Coastal Mart, Inc. involving supply of frozen carbonated beverages to Coastal Mart mini-stores throughout United States. Plaintiff alleged fraud and breach of exclusive sales agreement and sought millions of dollars in damages.
  • Imo Industries, Inc. v. Siemens DeMag Delaval Turbomachinery
    888 A.2d 231 (Del. Sup. 2005)
    Affirmed summary judgment for defendants Mannesmann Corporation and DeMag Delaval Turbomachinery on counterclaim for contractual indemnity of asbestos claims under an asset purchase agreement.
  • 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.
  • In re EDG Holdings
    U.S. District Court, Southern District of Illinois
    Won decision for Combined Oil Company, an interested party, in bankruptcy of EDG Holdings, an environmental company that provided remediation services on property containing underground natural gas storage tanks. Court granted motion to reject contracts between Combined Oil and the debtor from being included in the bankruptcy estate.
  • In re Ferrosillicon Antitrust Litigation
    U.S. District Court, Western District of Pennsylvania
    Obtained jury verdict for defendant in class action antitrust lawsuit involving alleged price-fixing of ferrosillicon. Plaintiffs sought $200 million based on factual record developed by Department of Justice.
  • In re Raymond Professional Group, Inc.
    U.S. Bankruptcy Court, Northern District of Illinois
    Successfully recovered more than $3.5 million from debtor-in-possession (DIP) on behalf of creditor sub-contractor. 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.
  • In re: 2401 Willow Real Estate LLC
    Circuit Court of Cook County, Ill.
    Disposed of multiple mechanics 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
    Secured dismissal and payment of litigation costs on behalf of officers and directors of Indeck Energy in a securities lawsuit brought under Rule 10b-5 and Section 20(a).
  • Janikowski v. Lynch Motor Group

    210 F.3d 765 (7th Cir. 2000)
    Won affirmance of summary judgment for defendant in 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 in breach of contract and bad faith lawsuit against Ohio Casualty Group arising from defendant's denial of coverage for property damage claim.
  • Kotlisky v. Attorneys
    U.S. District Court, Northern District of Illinois
    Obtained judgment for defendant attorneys in securities fraud lawsuit 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
    Won class action on behalf of a defendant ESOP trustee. Beneficiaries of ESOP Trust brought lawsuit against a corporation for termination of ESOP and its ESOP individual trustees for breach of fiduciary duties and ERISA violations.
  • Prudential Plaza Associates v. Turner Construction Company
    Circuit Court of Cook County, Ill.
    Won $9 million breach of contract and promissory fraud counterclaim for Turner Construction in lawsuit arising from construction of Two Prudential Plaza. Plaintiff originally sought $37 million in delay and remedial damages. Case cited by The National Law Journal as one of the "Outstanding Defense Verdicts" in the United States.
  • Reiniche, et al. v. Martin, et al.
    U. S. District Court, Northern District of Illinois
    Obtained dismissal of double derivative claims in lawsuit against investors/directors alleging waste and usurpation of corporate opportunities.
  • Reznikoff v. Indiana Insurance Co.
    Circuit Court of Cook County, Ill.
    Obtained judgment for defendant insurer in bad faith lawsuit arising from defendant's denial of coverage for water damage claim.
  • Sears Roebuck and Co. v. Duke-Weeks Realty Limited Partnership, et al.
    Circuit Court of Will County, Ill.
    Obtained reasonable settlement in lawsuit against insurer Allianz Life arising from roof collapse at major commercial warehouse where Sears was a tenant. Plaintiff alleged faulty construction and design and failure to maintain, and sought damages in excess of $12 million against Allianz and numerous contractors.
  • Securities and Exchange Commission v. Cucuz
    U.S. District Court, Eastern District of Michigan
    Obtained favorable jury verdict for former CEO of large multinational manufacturing company in civil securities lawsuit brought by 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 Westinghouse in commercial lawsuit arising from construction of power plant. Plaintiff alleged delay in delivering a turbine and sought $7 million in liquidated damages.
  • 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 in lawsuit against Advanced Equities and its officers involving federal securities law claims under Rule 10b-5.
  • Tishel v. Shell Oil Company, et al.
    Circuit Court of Cook County, Ill.
    Chancery Division: Secured dismissal of class action against 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
    Won jury verdict for Trinova in breach of contract lawsuit related to 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.
  • U.S. Army Corps of Engineers v. Tao & Associates
    Contract Board of Appeals, Washington D.C.
    Successfully resolved breach of contract lawsuit against architect/prime contractor Tao & Associates involving construction of computer building at Scott Air Force Base in Southern Illinois. Plaintiff alleged roof of building leaked and caused water damage to computer equipment.
  • U.S. Bank, N.A., et al. v. Clark, et al.
    Supreme Court of Illinois
    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 on behalf of investment firm and successfully recovered client's funds from bankruptcy estate of fund operator that was operating a ponzi scheme.
  • Whirlpool Corporation v. Sensata Technologies, Inc. and Texas Instruments Inc.
    Circuit Court of Cook County, Ill.
    Currently represent Whirlpool in product liability lawsuit seeking damages arising from recall of 1.8 million refrigerators caused by defective component manufactured by Texas Instruments.
  • Winarski, et al. v. Nannenga, et al.
    U.S. District Court, Northern District of Indiana
    Obtained dismissal of class action lawsuit against pension plan trustees involving pension plan investment. Case arose out of bribery conviction of co-trustee.
  • WINFertility, Inc. v. IntegraMed, Inc.
    Supreme Court of the State of New York, County of Westchester, White Plains, N.Y.
    Won jury verdict for WINFertility in breach of contract claim against IntegraMed. 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.
    Favorably settled commercial lawsuit against AXA Equitable arising from sale of former Equitable Building in Chicago.
  • Zurich Insurance Company v. Federal Insurance Co.
    U.S. District Court, Northern District of California
    Obtained payment to primary insurer client in breach of contract and bad faith lawsuit against excess insurer.