|Advisory Board Member|
| Litigator: Yes|
| Practice Description: |
Gary Leydig is a trial attorney and counselor servicing businesses and business owners in connection with their commercial transactions and disputes. He is also a mediator and arbitrator of commercial, real property and construction disputes. Mr. Leydig handles arbitrations, jury and bench trials, injunctions, equitable remedies and appeals in state and federal courts in Illinois and throughout the United States. Mr. Leydig is a nationally recognized leader in the representation and protection of dealers, distributors and franchisees in their disputes with their suppliers and franchisors. His practice encompasses a broad range of commercial transactions and disputes, including those involving franchise and distributorship terminations, contract negotiation and formation, breach of contract litigation, Uniform Commercial Code, construction industry litigation, real property disputes, mortgage and mechanic's lien foreclosures, trade secrets, restrictive covenants, copyright infringement, mergers and acquisitions, corporate and partnership control and dissolution, fraud, deceptive trade practices, unfair competition and lender liability.
Notable Cases and Results:
Minnesota Supply Company v. The Raymond Corporation, 472 F.3d 524 (8th Cir. 2006). The Circuit Court affirmed a judgment in the amount of $12,729,767 in favor of Mr. Leydig's lift truck dealer client and against the lift truck manufacturer. The court affirmed the jury verdict finding that the dealer had been wrongfully terminated in violation of a statute which prohibited terminations without good cause. In addition, the dealer was awarded in excess of $740,000 in fees and expenses.
Kingbrook, Inc. v. Pupurs, 202 Ill.2d 24, 779 N.E.2d 867 (Ill. Sup. 2002). Representing the purchaser of a large industrial building, Mr. Leydig successfully defended against a disgruntled broker's claim for commissions.
H.R.R. Zimmerman Co. v. Tecumseh Products Co., CCH Bus. Franch. Guide 12, 445 (N.D. Ill. 2001) Mr. Leydig pursued the interests of a wrongfully terminated central warehouse distributor of small internal combustion engines. The case settled favorably in advance of trial.
Pyramid Controls Inc. v. Siemens Indus. Automation, Inc., CCH Business Franchise Guide 11, 461 (N.D.Ill. 1998), affd. 172 F.3d 516 (7th Cir. 1999). Another case involving a wrongfully terminated dealer, in this instance a dealer of hi-tech industrial automation systems. The Court of Appeals described Gary Leydig as "a Franchise Act maven" and "one who...actually understands franchise law".
To-Am Equipment Co., Inc. v. Mitsubishi Caterpillar Forklift America, Inc., 953 F.Supp.987 (N.D. Ill. 1997), affd. 157 F.3d 658 (7th Cir. 1998). Jury trial on the hotly contested issue of whether or not the forklift dealer was a "franchise" under the Illinois Franchise Act. The jury returned a verdict in favor of Mr. Leydig's dealer client in the amount of $1,525,000. That verdict was increased by the trial judge by $246,000 to compensate the dealer for attorneys' fees and expenses. The Appellate Court decision has become one of the leading cases in the country for the protection of dealers and distributors.
Mid America Title Co. v. Kirk, 867 F.Supp. 673 (N.D. Ill. 1994), affd. 59 F.3d 719, 1995 Copr.L.Dec. 27, 418, 35 U.S.P.Q.2d 1502 (7th Cir. 1995). This case involved the successful defense of Mr. Leydig's client from charges of federal copyright violations.
Cleveland Wrecking Co. v. Central Nat. Banking in Chicago, 216 Ill.App.3d 279, 576 N.E.2d 1055 (Ill. App. 1991). Gary Leydig brought this breach of contract and mechanic's lien foreclosure suit on behalf of his demolition contractor client. Judgment was rendered for the client in excess of $400,000. The award included base contract claims, "extras" and delay damages. Additionally, judgment was entered against the defendants on their counterclaim alleging $1,000,000 in delay damages. The case is also noteworthy since it was the first decision in Illinois to find demolition as a lienable "improvement" to property.
Phil Dressler & Assoc., Inc. v. Hinsdale Racquet Court Condominium Association, et al. (Unpublished, 2005). This case arose out of adjoining land owners' efforts to interfere with and prevent Mr. Leydig's client from developing its property with five new luxury townhomes in the Village of Hinsdale. The defendants asserted everything from easements across the property to outright adversary ownership. Mr. Leydig was successful in obtaining a declaration from the court that none of the defendants' claimed interests in the property were valid.
American Family Insurance v. Dun Rite Construction Company and Jerry Hiero (Unpublished, 2005). Suit was brought by Gary Leydig against an Illinois corporation and its president for forgery and conversion of two drafts totaling $121,849.58. The Circuit Court entered judgment against both the corporation and the individual, finding the drafts had been converted and further finding that the individual could not hide behind the veil of the corporation for his own tortious conduct.
R & D Thiel, Inc. v. Hoffman Homes, et al. (Unpublished, 2004). Judgment was entered in favor of Mr. Leydig's client in the amount of $1,147,000. To avoid paying the judgment, the corporate defendant and its president undertook an elaborate scheme to hide and divert the company's assets and bank accounts. A personal judgment was entered against the individual owner of the development company for the amounts he had caused to be hidden and diverted.
Cardinal Sleep Centers, et al. v. Mouton, et al. (Unpublished, 2001). In related and concurrent actions, Mr. Leydig represented a licensed clinical psychologist trying to extricate himself from a spoiled business and clinical relationship with a former "partner." Injunction actions to prevent Mr. Leydig's client from opening his own, competing clinics were successfully defended and defeated. Clinical fees that had been wrongfully withheld by the former partner were fully recovered for the client.
Supreme Court of Illinois
United States Supreme Court
United States Court of Appeals, 7th and 8th Circuits
United States District Court, Northern District of Illinois (including its Trial Bar) and numerous other district courts in other states
Hourly Rate: $301-$400/hour
Retainer: Varies By Case
Year of Birth: 1955
Law School: College of William & Mary, Marshall-Wythe School of Law,J.D., 1980
Law School Honors/Involvement: Order of Barristers
Undergraduate School: University of Illinois at Urbana. BA, 1977
Of Counsel, Riordan Fulkerson Hupert & Coleman. 2006 to present
Of Counsel, Worker Sitko & Hoffman LLC (1999-2005) and, following merger of firms, Partner in Lewis Brisbois Bisgaard & Smith LLP (2005-2006)
Partner, Levin McParland Phillips & Leydig. 1993-1998
General Counsel, American Railway Corporation, Inc. 1990-1993
Partner and Associate, Hinshaw & Culbertson. 1980-1990
Bar/Professional Association Involvement:
Member, American Bar Association (Forum Committee on Franchising, Section of Litigation, Section of Antitrust Law, Section of Business Law and Section of Alternative Dispute Resolution)
Member, Illinois State Bar Association (Section on Trial Practice and Procedure, Section on Business Law, Section on Real Estate Law and Section on Alternative Dispute Resolution)
Director, Schools That Can (Not-for-profit organization facilitating excellence in inner-city high schools)
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