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Cases

Our lawyers have helped recover tens of millions of dollars for our clients.     We have also represented many companies and individuals in high-stakes litigation with millions of dollars at stake.

Wage Disputes/Class Actions   (Click Here To Read More Wage and Class Cases)

  • $5 million, under ERISA, for thousands of employees who had their employer 401(k) plan invested in an investment that failed. (Northern District of Illinois; Chicago)
  • $3 million settlement with Providence Life Services for over 3,000 Illinois employees who alleged their privacy rights were violated.  (2020, Cook County, Illinois)
  • $999,975 for a class of meat workers in Cook County, Illinois; read more here.
  • $2,125,000 settlement with Rosebud Restaurant Group for over 2,000 workers in their workplace claims (2020, Cook County, Illinois)
  • $2.9 million settlement with Aryzta LLC for Illinois workers who brought claims under Biometric Information Privacy Act (2020, Cook County, Illinois)
  • $333,000 settlement for cell tower services that challenged the practice of not factoring in all drive time for overtime purposes for class of Illinois workers.  The case was closely watched as it wrestled with an important issue of whether driving constituted hours worked under the FLSA. To read more click here or here or here. Our clients alleged that they were not properly paid for their drive time, i.e., the time driving to remote tower locations.
  • $550,000 settlement against WeatherTech for overtime claims of its Bolingbrook, Illinois workers.   To read more, click here.
  • $850,000 Wage Settlement For Single Employee–DuPage County Circuit Court for incentive compensation–claims under Wage Payment and Collection Act.
  • $1.3 million recovered on behalf of a group of minority shareholders of a community bank. The lawsuit alleged that certain directors of the bank had breached their fiduciary duties to a class of shareholders and David Fish was appointed as co-class counsel along with other counsel.  Click here for class certification ruling.
  • $1.4 million settlement with Nando’s Restaurant Group for Illinois workers (2020)
  • $500,000 to our clients who alleged they were not paid a promised bonus pursuant to an oral agreement.  (Cook County, Illinois)
  • $540,000 class action settlement with Royal Die and Stamping LLC (Carol Stream, Illinois) arising out of alleged privacy violations.  (DuPage County, Illinois)
  • $900,000 class action settlement with WorkWell arising out of alleged worker privacy violations.
  • $1.87 million class action settlement with Pretium Packaging for its Illinois workforce.  (Cook County, Illinois)
  • Defended a Naperville, Illinois-based international marketing company in a putative nationwide class action seeking in excess of $5 million that alleged our client (directly and through its agents) had caused the transmission of unauthorized text (SMS) messages to cellular telephones in violation of the Telephone Consumer Protection Act (TCPA). Without paying any money whatsoever, our client was voluntarily dismissed with prejudice less than 10 months after the lawsuit was filed and prior to class certification consideration.  (Northern District of Illinois, Chicago, Illinois)
  • Defended a putative class action lawsuit alleging violations of the Telephone Consumer Protection Act (TCPA) and conversion. The complaint alleged that our clients had sent unsolicited fax advertisements and therefore sought damages on behalf of the proposed class. The plaintiff was G.M. Sign, Inc. which has brought many similar lawsuits. After being retained, we filed a motion to dismiss which Judge Castillo granted. Thereafter, the plaintiff re-filed a similar putative class action against our clients in Lake County, Illinois. We removed that case to the Northern District of Illinois, filed another motion to dismiss, and the putative class action was then dismissed with prejudice by the plaintiff. (Chicago, Illinois; Opposing Counsel: Anderson + Wanca and Botch & Hatch LLC
  • Defended a putative class action lawsuit alleging violations of the Telephone Consumer Protection Act (TCPA). The complaint alleged that our clients had made unsolicited automated pre-recorded telephone calls to sell their products.  Shortly after we took the plaintiff’s deposition the plaintiff agreed to dismiss the case with prejudice and without any money paid by our client to the plaintiff, the class, or its lawyers.  (Chicago, Illinois; Opposing Counsel: Lite DePalma Greenberg LLC; Judge Pallmeyer)

Non-Compete/Non-Solicitation Disputes/Employment Contracts  (Click Here To Read More Cases)

  • Defended a former employee of a fortune 100 financial company who was sued after he and several people he supervised went to work for a competitor. The lawsuit alleged that our client had stolen trade secrets by taking electronic files, breached his fiduciary duty by soliciting other employees to leave, and violated a non-solicitation contract. We achieved a favorable resolution for our client within 8 months of when the lawsuit was filed.
  • Our client, a former senior sales representative of a  large publicly traded Swiss medical device manufacturer, prevailed in a temporary restraining order hearing before Judge Tharpe in Chicago federal court.   The company alleged that our client violated his non-solicitation agreement by working (on behalf of competitors) with surgeons and sought to restrain him from doing so on an emergency basis.  The lawsuit alleged breach of an employment contract, violation of federal and state trade secret laws, and sought emergency injunction relief.  We obtained a resolution of this case in about 2 weeks.
  • Represented the former president of a Chicago-area college who alleged she was terminated in violation of her contract and in retaliation for making complaints about public health and safety matters. Lawsuit filed in Cook County, Illinois. Confidential Settlement reached.
  • Defended medical practice and its physician owner against a psychologist claiming nearly $1 million in damages, interest and fees pursuant to an “Employment Agreement” and under the Illinois Wage Payment and Collection Act.  We obtained summary judgment on all claims in favor of our client.  (Federal Court, Chicago, Illinois)  Click here for ruling.
  • Defended international company sued by former consultant who alleged his stock option rights were violated. (Cook County, Illinois).

 

Employment Discrimination/Sexual Harassment/Whistleblower and False Claims Act (Click Here To Read More Cases).

  • $400,000 in judgments (through offers of judgment) in an employment discrimination case brought on behalf of an employee who was allegedly fired on the basis of a disability and on behalf of a human resources employee who allegedly opposed the termination. We asserted that the defendant had improperly failed to preserve evidence and we were successful in having the court agree to issue an adverse inference jury instruction for use at trial, the ruling of which is available here. Click here for ruling. (Chicago, Illinois)
  • $450,000 sexual harassment settlement for nurse who worked at medical practice and where physician claimed relationship was consensual.
  • $340,000 recovered in a hearing before the American Arbitration Association. After a multi-day hearing, our African-American client prevailed on her retaliation claim on grounds that she was fired for reporting manager to human resources after she used the “n-word”.
  • Represented physician in Qui Tam/Whistleblower/False Claims Act case alleging that the medical practice where she worked was unlawfully billing Medicare for tests.   Case resulted in a substantial settlement for our client.
  • Represented engineer of company regulated by the nuclear regulatory commission (NRC).  After he made safety-related complaints to the NRC about whether the company was complying with the ASME Code related to safety, he was terminated.   We asserted claims for common law discharge and violations of the Whistleblower Act.  Confidential settlement after litigation. (Chicago, Illinois)
  • Represented high-ranking employee at a company that instituted a plan to terminate older employees because of their perceived lack of energy.   After our client (who was not one of the older workers) opposed and protested the age-based decisions, he was fired and we filed a claim of retaliation for opposing age discrimination in violation of the ADEA.  Case successfully resolved after litigation filed. Confidential settlement after litigation. (Chicago, Illinois)
  • Represented worker who alleged she was sexually assaulted at a workplace event and fired in retaliation for reporting it to her local police department. Claims were asserted under the Illinois Whistleblower Act and also for wage claims.  Confidential settlement after litigation. (Chicago, Illinois)
  • Represented auditing firm in litigation in suing former vice president and board member after he had been accused of sexual harassment and had his employment terminated; allegations included breach of fiduciary duties and counterclaims for compensation under various contracts. (DuPage County, Illinois)
  • Defended a university professor against allegations of harassment and sex discrimination by his former students. The plaintiffs alleged that the professor violated Title IX, committed assault and battery, and inflicted negligent and intentional emotional distress upon them based upon conduct that occurred while they were students at a private university. Within less than 1 year of the lawsuit being filed, we convinced the plaintiffs to voluntarily dismiss their claims against our client–with prejudice (i.e., they cannot file another case on the same claims against our client) — and without being paid any money whatsoever. (Chicago, Illinois) We have represented several woman who have been sexually harassed, or had inappropriate sexual behavior from their superiors at work.
  • Represented nurse who was sexually assaulted by a physician; claims asserted under Gender Violence Act and for Sexual Harassment.  Substantial confidential settlement reached in litigation.

Shareholder/Partnership Disputes (Click Here To Read More About Partnership Cases).

  • $17 million buy out of our client where he was allegedly forced out of the company he founded.  (Cook County, Illinois)
  • Will County jury verdict in our client’s favor where we represented a business and one of its shareholders in a jury trial in Will County (Joliet), Illinois. At trial we argued that a former shareholder of the corporation had breached her fiduciary duties by, among other things, working with a property management company and a neighboring business to misappropriate corporate assets. The jury found in favor of our clients on all counts which went to the jury, including conversion, breach of fiduciary duty, and aiding and abetting the breach of fiduciary duty. Compensatory and punitive damages were assessed against all five defendants, including the neighboring businesses (and its owners individually), the property management company (and individually against a physician who acted on its behalf), and our client’s former business partner. (Will County, Joliet, Illinois)
  • Will County just verdict for our client (a fitness company and its owner) who defended claims that our clients had induced plaintiff to invest substantial sums of money into a business in exchange for the repayment of loans, ownership in a business, and other benefits. The Plaintiff had begun taking steps towards franchising the business and allegedly believed millions would be made. After that failed to occur, the plaintiff alleged piercing the corporate veil, breach of fiduciary duty, and sought a constructive trust over a new company that our client had formed. We were able to obtain the dismissal of our individual client before trial. The plaintiff proceeded to trial against the new company that our client had formed. At trial, we prevailed in demonstrating that there was no liability against the new company that had been formed. (Will County, Joliet, Illinois, Judge Petrungaro)
  • $675,000 settlement for partner in a series of logistic companies who alleged he was denied access to information and force out of company.

Trials and Litigation (Read More Trial and Litigation)

  • $2.35 million jury verdict in a commercial bribery/trade defamation case brought on behalf of a manufacturing company. The lawsuit was filed after our client discovered that one of its main competitors was “dumpster diving” to obtain valuable customer and sales information from the dumpster behind its corporate headquarters. The jury assessed $635,000 in punitive damages.  (Northern District of Illinois, Judge Bucklo)
  • Defense Finding:  Defended $2.8 million claim in jury trial breach of contract and piercing the corporate veil claim.  The plaintiff rejected our client’s $1.5 million settlement offer and the jury found in our client’s favor and awarded $0.   Jury also rejected third party claims.  Case concluded in 2020 (DuPage County, Judge Rohm)
  • $50 million–defended  international company in litigation seeking in damages for breach of fiduciary duty, bad faith, breach of contract, and alleging franchise law violations.
  • Defense Finding:  prevailed on all claims at trial in defending an employer in complaint filed by National Labor Relations Board (NLRB). The NLRB alleged that our client had retaliated against an employee for engaging in protected and concerted activities. At trial, the administrative law judge recommended a finding in favor of our client on each and every claim. The NLRB General Counsel appealed the judge’s decision by filing exceptions. On appeal, our client prevailed.  Ruling is here.
  • Defense Finding:   In Illinois state court, we prevailing in a bench trial where our client allegedly had induced the plaintiff to invest substantial sums of money into a business in exchange for the repayment of loans, ownership in a business, and other benefits in what he thought was a multi-million investment.  After that failed to occur, the plaintiff alleged piercing the corporate veil, breach of fiduciary duty, and sought a constructive trust over a new company that our client had formed. We were able to obtain the dismissal of our individual client before trial. The plaintiff proceeded to trial against the new company that our client had formed. At trial, we prevailed in demonstrating that there was no liability against the new company that had been formed. (Will County, Joliet, Illinois, Judge Petrungaro)
  • Tried to successful verdict in the Circuit Court of Cook County in a partnership dispute over a real estate company. Our client had provided a substantial sum of money towards what she thought would make her 50/50 partners in an Illinois LLC. No written agreements were executed and the defendants took the position that the money was an investment that could be kept. The trial court dismissed our oral breach of contract claim in pre-trial proceedings so went to trial on an unjust enrichment theory. At trial, the judge ruled in our client’s favor, the defendants withdrew their appeal before the Illinois Appellate Court, and our client received 100% of the judgment that was awarded.
  • Defense Finding in fraud and breach of contract case in the Circuit Court of Cook County. At the close of the plaintiff’s case, we obtained a directed finding in favor of one of our clients and the case was resolved very favorably as to our other client. (Cook County, Illinois)
  • Defended medical practice and its physician owner against a psychologist claiming nearly $1 million in damages, interest and fees pursuant to an “Employment Agreement” and under the Illinois Wage Payment and Collection Act.  Ruling in our favor.  (Federal Court, Chicago, Illinois)  Click here for ruling.
  • $20 million inheritance dispute:   We helped achieve a successful resolution for our client in an inheritance dispute where our client’s sibling was given control over her inheritance. (DuPage County, Illinois)

 

NOTE:  The outcome of each case is dependent upon the unique situation involved and many other factors. Nothing herein should be interpreted to suggest that a case that we handle in the future will experience a similar result.  The above are examples of cases that our firm or our lawyers have worked on or assisted with.    Not all of our cases are successful and hiring us does not guaranty that you will win or have a successful outcome.  

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