| Practice Description: |
Peter S. Lubin, co-founder of DiTommaso-Lubin, brings a wealth of courtroom experience to the firm's commercial and class-action litigation. He has been lead plaintiff's or defense counsel on numerous multi-million dollar class-action lawsuits with national impact. He has also handled a wide range of complex business lawsuits. Mr. Lubin received an A.B. from Dartmouth College in 1980 and his law degree from the University of Chicago Law School in 1983. Along with Vincent DiTommaso, he teaches trial and litigation skills to law students at the University of Chicago Law School's Mandel Legal Aid Clinic. Mr. Lubin was selected by the then Chief Judge of the Court of Appeals for the 7th Circuit to be one of the founding members of the Markey-Wigmore Inns of Court, and received commendations from the DuPage Legal Assistance Foundation for providing the Foundation with substantial awards from certain class actions. In 2007 Mr. Lubin was named to the Visiting Committee at the University of Chicago Law School.
Notable Cases and Results:
Dealer Termination, Franchise, Securities, Trademark, Copyright or Trade Secret Litigation:
Breach of Contract, Partnership, Corporate Control Disputes, Probate and Employment Litigation:
- Berthold v. Linotype, United States District Court for the Northern District of Illinois, Eastern Division. 2002. Represented plaintiff. Claim that font software company violated copyright laws in illegally copying software code for its own font software. Case settled. Opposing Counsel: Jim McGurk, Paul Stack, and Robert Filpi (Stack & Filpi).
- Dedicated v. Volkswagen, United States District Court Northern District of Illinois, Judge Kennelly. 2001. Termination of Volkswagen parts carrier. Represented Dedicated. Volkswagen's motion to dismiss, asserting lack of written evidence of a contract, denied. See 201 FRD 337. Case settled: terms confidential. Opposing Counsel: Randall Oyler (Barrack Ferrazzano).
- Berthhold v. FKPT, United States District Court for the Northern District of Illinois, Judges Lindberg and Gettleman. 2001. Represented Plaintiff. Obtained default judge and injunctive relief against German company for trademark infringement and breach of settlement agreement and then enforced such judgment against third-party German corporations and nationals living and doing business here. Case settled with third parties agreeing to injunctive relief protecting plaintiff's trademarks and discontinuing sale of infringing products here and in Germany. Opposing Counsel: Robert Filpi and Paul Stack (Stack & Filpi) and Robert Joseph (SNR Denton).
- Meade v. VirtualSellers.com, Circuit Court of Cook County Chancery Division, Judge Nowicki. 1999-2000. Represented co-founder of start-up internet company who was allegedly defrauded out of his interest in the company just before it was sold to a publicly traded company. Seeking 1,000,000 shares in publicly traded company worth between 2 and 7.5 million dollars based on then market prices. Settled after an injunction hearing and denials of defendants' motions to dismiss. Terms confidential. Opposing Counsel: Ceasar Tabet (Tabet, DeVito & Rothstein) and Stephen Voris (Burke Warren Mackay & Serritella).
- Berthold v. FKPT, United States District Court Northern District of Illinois, Judge Andersen. 1999. Represented plaintiff who terminated its German licensee of trademarked typeface fonts for use in computer software. The fonts were part of a large German font library that was over 140 years old. Claims and counter-claims included claims under German and American law, and international discovery issues. Settlement permitted plaintiff to terminate German licensee and licensee waived all claims to rights in fonts. Opposing Counsel: Caroline Clark (Pennie & Edmonds); Chuck McGirdy (Piper Rudnick).
- Virtual Realty Group v. Virtual Realty Network, United States District Court Northern District of Illinois, Eastern Division, Judge Nordberg, 1995. Represented owner of "Virtual Realty" mark in trademark infringement action. Defendant and its partner Intel had invested hundreds of thousands of dollars in advertising and promoting the "Virtual Realty" mark that did not belong to them. They claimed there was no possibility of consumer confusion between their computerized home loan mortgage brokerage services, and plaintiff's Internet based real-estate brokerage services. Case settled before injunction hearing. Defendant agreed to immediately discontinue using the mark, and to pay money damages and plaintiff's attorneys fees. Opposing Counsel: Russell Pelton (Oppenheimer Wolff & Donnelly).
- Flynn Beverage Inc. v. Jim Beam Brands Inc., Circuit Court of Rock Island County, Judge Conway. 1993-1995. Similar claims to those discussed above except claimed over $2.5 million in damages. Beam's motion to dismiss denied in a five page memorandum opinion. Case settled: terms confidential. Opposing counsel: Kimball R. Anderson and Scott Szala (Winston & Strawn).
- Asch and Associates v. Churilla, Circuit Court of Cook County, Chancery Division, Judge Foreman. 1993-1994. Former employee charged with stealing a customer list to start a rival insurance agency. Represented former employee defendant. Court denied plaintiff's motion for a temporary restraining order. Court later granted summary judgment dismissing plaintiff's claims with prejudice, and awarded defendant sanctions (half the attorney's fees billed to defendant and all of his costs). Defendant later filed claims for malicious prosecution against Asch and his counsel in federal court. That case was settled for $45,000. Opposing counsel: James D. Montgomery (former Corporation Counsel of the City of Chicago).
- Flynn Beverage Inc. v. Joseph E. Seagram & Sons, Inc., United States District Court Central District of Illinois, Rock Island Division, Judge McDade. 1992-1994. Wrongful termination of 27 year liquor distributorship involving statutory and common law franchise claims. Represented Flynn Beverage. Sought over $2 million in damages and recovery of attorney fees. Seagram's fifty page motion to dismiss denied. See 815 FSupp 1174. Case settled: terms confidential. Opposing counsel: David W. Ichel (Simpson Thacher & Bartlett) and T. Mark McLaughlin (Mayer Brown Rowe & Maw).
- DevTech v. Rolfes, Circuit Court of DuPage County, Judge Wheaton. 1992. Claim that computer software designer/former employee stole trade secrets and acted in a manner that damaged plaintiff and defendant's joint copyright in certain software. Represented defendant (software designer/former employee). Plaintiff dismissed all claims on the verge of a preliminary injunction trial when judge indicated that she intended to rule in defendant's favor on a motion to exclude key witnesses for plaintiff. Plaintiff agreed to divide equally with defendant all profits from jointly owned software. Opposing counsel: Edward Ruberry (Bolinger Ruberry & Garvey).
- McVicker v. John Doe Corp., Texas Arbitration through American Arbitration Association. 1990-1992. Wrongful termination of and fraudulent inducement to purchase franchises for entire New York City area. Represented former franchisee. At outset of case defendant, a multi-billion dollar international conglomerate, offered $10,000 to settle. After extensive discovery and shortly before the start of the hearing, defendants agreed to a settlement whereby they returned the entire purchase price of the franchises of $300,000 along with an additional $50,000. Opposing counsel: David Butler (Piper Rudnick).
- McCool v. Strata Oil Company, United States District Court Northern District of Illinois, Eastern Division, Judge Bua. 1989. Securities fraud and RICO: purchasers of oil and gas partnerships claim to have been defrauded into purchasing oil and gas partnerships. Represented ten plaintiffs. Case dismissed by trial court without any discovery being permitted. Overturned on appeal; see 972 F2d 1452. Co-lead counsel: David Roston (Altheimer & Gray). Opposing counsel: Cary Fleischer (Chuhak & Tecson).
- ROI v. Translogic, United States District Court Northern District of Illinois, Eastern Division, Judge Norgle. 1988. Attempted Monopolization Claims. Represented defendant Translogic. Motion to dismiss half of plaintiff's antitrust claims granted. Case settled. See 702 FSupp 677. Co-counsel: Arnold & Porter. Opposing counsel: Paul Slater (Sperling Slater & Spitz).
Legal Malpractice Litigation:
- Biancos v. Eggert, Freeland and CMR Interiors, United States District Court, Northern District of Illinois, Magistrate-Judge Valdez. Pending. Represent a real estate owner in his breach of contract case against lessees who performed renovations to the leased premises. Plaintiffs allege that defendants failed to obtain proper building permits and that the renovation does not comply with Chicago building codes. Settlement with certain defendants agreeing to increase rental payments and paying a large share of clients' fees and costs, and other defendants agreeing to pay money damages. Opposing Counsel: Terrance Buehler (Buehler & Williams), Peter Berk (McDonald Hopkins, LLC), and Robert Rosenfeld.
- DiMucci v. DiMucci, Circuit Court of Cook County, Chancery Division, Judges Forman, Flynn and Billik. Pending. Family partnership and corporate control dispute involving hundreds of millions of dollars in real-estate development assets. Represent 50% owner allegedly frozen out of companies. Involves questions of breach of fiduciary duty and issues involving Florida and Illinois corporation law and issues regarding charging alleged excessive fees totaling tens of millions of dollars. Trial is now proceeding before Judge Billik. Filed a supervisory order before the Presiding Judge of the Chancery Division regarding the alleged improper additional appearance of Mr. Cherry as co-counsel for defendants. The court entered a lengthy opinion requiring Mr. Cherry to withdraw his appearance. Co-Counsel: Brian Garelli (Garelli & Associates). Opposing Counsel: George Collins and Adrian Vuckovich (Collins & Bargione), Myron Cherry (Myron Cherry & Associates).
- Estate of Hudson, Circuit Court of DuPage County, Probate Division. Judge Popejoy. Pending. Complex estate case. Representing guardian of minor child. Dispute over personal and business assets against estate administrator and surviving spouse. Case involved local and overseas proceedings with claims seeking to recover millions of dollars in funds and business assets allegedly owned by the estate. Case settled with business returned to the Estate and defendant agreeing pay a substantial portion of our client's fees. Opposing Counsel: Douglas Tibble (Brooks Adams & Tarilis) and Richard Cowen (Stahl Cowen).
- Williams v. Marder et al, United States District Court, Northern District of Illinois, Magistrate-Judge Guzman. Pending. Represent defendant in a lawsuit claiming tortious interference with inheritance expectancy and employment and malicious prosecution. Defendant is being sued as a result of his alleged efforts to try to protect his father who suffered from dementia and Alzheimer's from alleged abuse and neglect by a nurse who had sought to obtain a $3 million bequest from the father.
- Wuttke v. Fitzsimmons, Circuit Court of Cook County, Law Division. Judge McNamara. Pending. Representing real-estate lawyer plaintiff in libel action against lawyer who is also City of Chicago police captain, for false and malicious statements made to ARDC and University of Illinois and other parties, which, plaintiff alleges, is part of longstanding pattern and practice by defendant of defaming and attempting to intimidate lawyers and others. Opposing Counsel: Vincent J. O'Brien.
- Anderson et al v. Moy-Gregg, Circuit Court of DuPage County, Chancery Division, Judge Popejoy and Judge Sheen. 2010-2011. Represent corporation and alleged majority owners in a corporate control dispute regarding the intent and meaning of stock gift. Opposing Counsel: Louis Bernstein.
- Motorola v. Aderhold, Circuit Court of Cook County, Chancery Division, Judge Arnold. 2009-2010. Represented defendant former Motorola vice-president in covenant not to compete and trade secret case. Case settled on confidential terms, before any discovery, after court granted motion to dismiss and ordered re-pleading of trade secret claims. Opposing Counsel Arthur Howe (Schopf & Weiss).
- BleuChip International Inc. v. Aulds, Circuit Court of DuPage County, Chancery Division, Judge Popejoy. 2009. Represented corporation and its CEO as plaintiffs in a claim against the corporation's president. Case settled on confidential terms shortly after suit was filed. Opposing Counsel: Bruce Menkes (Mandel, Menkes LLC).
- Costello v. Orozen, Circuit Court of DuPage County, Judge Abraham. 2007. Represented construction company defendant in a breach of contract case involving the installation of a practice putting green on the grounds of plaintiff's mansion. Case settled for a small fraction of money sought after we obtained evidence rebutting plaintiff's claims from one of his own experts. Opposing Counsel: Greg Adamo and Ken Vanko (Clingen, Callow & McLean, LLC).
- Karth v. McConnell, Circuit Court of Cook County, Law Division. Judge Goldberg. 2006-2007. Represented defendant in breach of contract, equitable and wage claim dispute involving alleged damages of $700,000. Breach of contract claim dismissed as violating statute of frauds. Case dismissed with prejudice based on motions to dismiss and for summary judgment. Opposing Counsel: Michael D. Gerhardt (Gerhardt, Gomez, and Haskins).
- Leslie Hindman and Salvage I v. Beale, Circuit Court of Cook County, Chancery Division, Judge Siebel. 2003. Represented plaintiffs Hindman and Salvage I in alleged breach of fiduciary duty case involving multi-million dollar damages claims. Case Settled. Terms Confidential. Co-Counsel: Michael Froy (SNR Denton). Opposing Counsel: Larry Karlin and Ben Randall (Katz, Radall, Weinberg & Richmond).
- Obos v. Cubs, Circuit Court of Cook County, Law Division. 2003. Represented plaintiff in battery and reckless retention of security guard claims. Case settled. Terms confidential. Motion to add punitive damages detailed 9 year history of abuse by Chicago Cubs security guard who attacked numerous other patrons and used excessive force resulting in repeated lawsuits. This case was featured in an investigative report on Fox News regarding the Cubs' failure to fire this rogue security guard. Opposing counsel: Scott Bentivenga (Bollinger Ruberry & Garvey).
- Appleby v. Mrs. Illinois Pageant, Circuit Court of Cook County, Chancery Division. Judge Hett. 1999. Represented Mrs. Illinois Pageant in suit filed by runner-up to reverse pageant results, and crown her the winner. Plaintiff's lawsuit thrown out on summary judgment. Plaintiff paid a large portion of defendant's attorneys fees to settle sanctions claim.
- Shelton v. Will County, United States District Court for the Northern District of Illinois, Eastern Division. 1999. Race Discrimination. Client reinstated to his job with full credit towards his pension benefits and received settlement of $50,000 in back pay for the period he was off the job. Opposing Counsel: Michael Condon (Hervas, Sotos, Condon & Bersani).
- Jane Doe v. John Doe Car Dealer, United States District Court for the Northern District of Illinois, Eastern Division. 1998. Represented plaintiff, who was top performing salesperson at car dealership in sex discrimination case. Case settled for $45,000.
- Jane Doe v. John Doe Corp., United States District Court for the Northern District of Illinois, Eastern Division. 1997. Represented plaintiff, assistant to CEO of a subsidiary of a Fortune 500 company. Sexual battery and hostile environment sex discrimination claims against the president of a subsidiary of the Fortune 500 company that worked at the headquarters. $100,000 settlement for emotional distress without filing suit after executive admitted the crux of the charges in pre-filing mediation.
- North American Philips v. Filson et al., United States District Court for the Northern District of Illinois, Eastern Division, Judge Grady. 1996. Represented defendants, former No. 2 and 3 executives at Philips's most profitable American subsidiary in a case charging those executives, the former president of the subsidiary, and their three wives with forming a travel agency to wrongfully take $900,000 from Philips. Executives filed counterclaims for libel for Philips falsely accusing them of selling millions of dollars in defective product, and retaliatory discharge for reporting alleged antitrust violations and price-fixing. Case settled immediately after counter-claims filed: terms confidential. Co-lead Counsel: Matthew Kennelly (Cotsirilos Stephenson Tighe & Streiker). Opposing Counsel: Robin Cohen (Anderson Kill Olick & Oshinsky).
- Hirst v. Rockwell International, EEOC Charge. 1995-1996. Represented senior executive in breach of contract and sex and age discrimination claims. Rockwell demoted executive based on trumped up conflict of interest charges because her husband worked for a competitor, even though executive/wife had fully disclosed the nature of her husband's relationship each year during the over 10 years that she worked for Rockwell, and Rockwell had always agreed that there was no conflict. Case settled: terms confidential. Co-Counsel: Holly Hirst (Piper Rudnick).
- Heatherly and Newton v. Rodman & Renshaw, NASD Arbitration. 1993-1996. Represented former Sales Managers of Rodman's Mortgage Backed Securities Department on claims for breach of substantial bonus contracts, and failure to pay finders fees. 2 day hearing. Arbitration award for claimants; claimants awarded all actual damages sought. Heatherly's appeal on statutory attorneys fees denied with dissent supporting our position. 678 NE2d 591. Opposing Counsel: John Murphy (Baker & McKenzie).
- Cusack v. Paul Revere Insurance, United States District Court for the Northern District of Illinois, Eastern Division, Magistrate Judge Guzman. 1995. Represented plaintiff. Paul Revere refused to pay employment disability benefits of over $200,000. Brought declaratory judgment and bad faith failure to pay insurance claims. Case settled immediately after the complaint was filed: terms confidential. Opposing Counsel: Joseph Hasman (Peterson & Ross).
- Bark v. Emsco, United States District Court for the Northern District of Illinois, Eastern Division. Judge Kokoras. 1994. Represented plaintiff, doctor who had headed emergency room of large Chicago hospital in sex discrimination, libel, and retaliatory discharge claim seeking over $1 million in damages and attorneys fees. Defendants' motion to dismiss denied. Case settled for a confidential sum following several written opinions by the court adopting plaintiff's positions. See 1994 WL 502786; 1994 WL 280077. Defendants also provided a full written retraction and apology regarding all libelous statements. Opposing Counsel: Donald C. Shine (Nisen & Elliott).
- Duncan v. Baxter Healthcare Corp., Circuit Court of Lake County, Judge Hoogasian. 1990. Wrongful termination: plaintiff claimed that she was fired because she filed a workers' compensation claim and sought over $100,000 in lost wage damages and punitive damages and attorney fees. Represented defendant Baxter. After discovery, plaintiff agreed to dismiss all her claims with prejudice in return for Baxter agreeing not to file a sanctions motion seeking recovery of attorneys fees from plaintiff and her counsel due to plaintiff's fraudulent damages claims. Opposing counsel: Alan Blum.
- IPC v. Edward Gray Corporation, Circuit Court of Peoria County, Judge McDade. 1988-1989. Construction contract: local Peoria sub-contractor claimed that Chicago based general contractor entered into a $3 million sub-contract from a car telephone. Represented general contractor defendant. Court entered summary judgment in defendant's favor on all of plaintiff's claims based on "smoking gun" documents uncovered by defendant in discovery. Opposing counsel: Stephen Gay (Husch & Eppenberger).
- Ardebili v. Taha, et al, Circuit Court of Cook County, Chancery Division, Judge Mason. 2007-2008. Representing business purchaser plaintiff in Legal Malpractice, Consumer Fraud, Rescission, Negligent Misrepresentation, Breach of Contract, and Common Law Fraud claims stemming from the attempted purchase of a business. Case settled financial terms confidential. Opposing Counsel: Nicholas Albukerk (Law Offices of J. Nicholas Albukerk), Sana'a Hussien (Cohen & Hussien) and Amy Ezeldin.
- Rykaczewski v. Cesario & Walker, Circuit Court of DuPage County. 1999. Attorney malpractice claim. Represented plaintiffs, litigants whose trial attorney allegedly improperly hired their expert witness for trial on a contingency fee despite ethical rule prohibiting such an arrangement. The trial court ruled that the expert witness could not testify thus causing the litigants to lose their case. Malpractice case against litigant's attorney settled for $375,000 following non-binding mediation. Opposing Attorney: Jeffrey Zehe (Clausen Miller).
- Ettswold v. Economy Ins. and Orner & Wasserman, Circuit Court of Cook County, Law Division, Judge Gillis. 1996. Insurance bad faith and legal malpractice claims arising from $350,000 judgment entered against Ettswold in a car accident case. The judgment entered against Ettswold was $250,000 in excess of her insurance policy limits. One month after filing suit on Ettswold's behalf, her insurance company, Economy, settled by paying the plaintiff in the car accident case $190,000 to release all his claims against Ettswold for the $250,000 in excess of her insurance policy limits. As part of the settlement, Economy also agreed to pay all of Ettswold's attorneys' fees. Opposing counsel: Norton Wasserman (Orner & Wasserman) and Jack Martin (Touhy & Martin).
- Markel v. Weiss, Circuit Court of Cook County, Law Division, Judge Gillis. 1996. Attorney malpractice claim. Represented plaintiff, the buyer of a business who lost over $300,000 due to his attorney's alleged failure to follow the form book in the sale of a business transaction. After deposing the attorney defendant, defendant requested a non-binding mediation with former Judge Brian Crowe acting as mediator. Case settled for $200,000 which represented nearly all that remained in the attorney malpractice insurance policy. Opposing Counsel: Thomas Browne (Hinshaw & Culbertson).
Class Action Litigation:
- IWOI, LLC v. Monaco Coach Corporation, et al, United States District Court, Northern District of Illinois, Judge Dow. Pending. Client purchased as new a 2006 Beaver Monterey 36 RV for over $250,000. In its Magnuson-Moss, breach of warranty, and Illinois Consumer Fraud Act claims, plaintiff alleges that Monaco constructed the motor home on a bent frame allegedly causing the steering to veer and substantially impairing the value of the motor home. Opposing Counsel: Paul E. Wojcicki (Segal, McCambridge, Singer & Mahoney, Ltd.).
- Butera v. General Motors et al, United States District Court Northern District of Illinois, Judge Coar. 2005-2006. Client purchased a certified used Cadillac Escalade SUV for $45,000 which turned out to be a rebuilt wreck with hidden frame damage. Case settled with General Motors and Dealer paying client $25,000 for loss in value to car and excess interest payments (which was $4,000 in excess of the loss amount determined by our expert). The remainder of the amount paid to our client was for his time and energy spent to rectify situation. Defendants also paid all of our attorney's fees and costs so that client received all his damages since our fees and costs were paid by the defendants. Opposing Counsel: Toby Schisler (Dinsmore & Shohl, LLP); John P. Palumbo (Langhenry, Gillen & Lundquist).
- Browns v. Corvette Collection, Circuit Court Will County, Judge Kinney. 2006-2007. Client purchased what was advertised as a "collector's numbers' matching" 1965 Corvette for an investment. Car in fact was not a "collector's" car, and its numbers were not matching. Case settled. Client returned car and received full refund of $30,000 purchase price plus $10,000 in damages for lost investment opportunity and aggravation. All of our attorney's fees and costs were paid by the defendant. Opposing Counsel: Douglas Ziech.
- Jass v Barbizon, Circuit Court of Cook County, Chancery Division, Judge Novak. Pending. Representing plaintiff putative class representative/student who took a modeling and acting course. Plaintiff alleges violations of the Illinois vocational schools and consumer fraud acts involving alleged misrepresentations concealing that the course would not lead to work in the field. James Figliulo and James Bowhay (Figliulo & Silverman, P.C.)
- Junk Fax Class Actions, Circuit Courts of Cook, McHenry, and DuPage Counties. Pending. Representing plaintiffs in a number of class actions involving alleged violations of the Telephone Consumer Protection Act. Cases include Dembo v. McAssey Corporation, Circuit Court of Cook County, Chancery Division, Judge McGann. Case settled for $1.4 million to the class. Each class member had a right to claim $225.
- Morales et al v. Verve Global, Circuit Court of DuPage County, Chancery Division, Judge Popejoy. Class Certified in contested proceedings. The Class prevailed in motions to appeal class certification to the Appellate Court and Illinois Supreme Court. Case settled on a class wide basis with class members receiving a substantial tuition refund. We represented a class of students who took a medical sonography course for claimed violations of the Illinois vocational schools and consumer fraud acts involving alleged misrepresentations concealing that the course would not lead to work in the field. Opposing Counsel: Rishi Agrawal.
- Takova v. S37, Circuit Court of Cook County, Chancery Division, Judge Riley and Judge Mikva. Represented defendant landlords in putative class action claiming violations of Illinois security deposit statutes. Case settled on an individual non-class basis following motion to dismiss for mootness. Opposing Counsel: Aaron Krolik and Mark Silverman.
- Walczak v Onyx Acceptance Corporation, Circuit Court of Lake County, Chancery Division, Judge Hoffman. Pending. Class Certified. Class certification order affirmed by the Appellate Court. 365 Ill. App. 3d 664. Represent class with co-counsel in claims involving alleged violations of Illinois automobile repossession laws. Case settled with each of the over 7,600 class members able to claim up to $2000, forgiveness of automobile debt totaling $11.5 million and credit repair for each class member worth $1500 per class member. Opposing Counsel: Joshua Threadcraft and Rik Tozzi (Burr & Forman).
- Booking Fee Class Actions, Federal Court for the Northern District of Illinois. We are prosecuting a number of class actions against various Chicago area towns for charging arrested persons with a booking fee and then not providing for hearing to contest the right to charge the fee. We have obtained class certification and defeated motions to dismiss in some of these cases. See 2011 WL 6318953 and 2012 WL 787203.
- Boundas v. Abercrombie & Fitch, Federal Court for the Northern District of Illinois, Judge Feinerman. Pending. Representing plaintiffs that received a $25 purchase reward card that did not contain an expiration date but which defendant claimed should have contained an expiration date and will no longer honor. Class certified and request for appeal of class certification denied by the 7th Circuit. 2011 WL 1676053. Opposing Counsel: Brian J. Murray (Jones Day).
- Angela Imbierowicz v. OnStar Corporation, United States District Court, Eastern District of Michigan. 2007. Pending. Representing putative plaintiff in class claims alleging consumer fraud, breach of contract, and warranty case stemming from OnStar cancelling use of its system for certain car models that use analog signals. Consolidated to a Panel for Multi-District Litigation that includes plaintiffs and counsel from across the United States. Timothy Daniels (Figari & Davenport LLP) and Michael Cooney (Dykema Gossett).
- Krey v. Aspen Marketing Services, Inc., Grace v. Aspen Marketing Services, Inc., Connolly v. Aspen Marketing Services, Inc., Federal District Court Northern District of Illinois. 2005-2007. Settled. Judges Kennelly, Coar, and Filip. Cases settled. Defended Aspen, a national marketing firm, in Fair Credit Reporting Act Class Actions. Opposing Counsel: Edelman, Combs, and Latturner.
- Walsh v. Swiss Bank, Circuit Court of DuPage County. Judge Elsner. 2005-2007. Represented plaintiff class in consumer fraud action concerning improper liening of workers' compensation claims by loan and finance company. Case settled for removal of liens and reductions in the amounts due on the loans. Cy-pres monies for uncollected class claims paid to Mandel Legal Aid Clinic.
- Dale v. Daimler Chrysler Corporation, Circuit Court of Boone County, Missouri. Judge Roper. Pending. Consumer Fraud and breach of warranty claims relating to defective window motors in Durangos for a five year period. Chrysler's motion for summary judgment denied. State-wide class certified. We were appointed lead class counsel. Chrysler's appeal of class certification rejected by Missouri appeals court. 2006 WL 1792414. Opposing Counsel: John W. Rogers (Bryan Cave).
- Hyde v. Aspen Marketing Services, Inc., Federal District Court of Maryland. 2004-2006. Judge Bennett. Settled. Represented defendant, one of the largest marketing companies in the country. Plaintiff sought $100,000,000 in damages in a Fair Credit Reporting Act putative class action. Opposing Counsel: Scott Borison (Legg Law Firm).
- Crandall v. Mobile Management Co., Inc. et al, Circuit Court Lake County Illinois. 2004. Judge Tonigan. Case settled. Represented defendant one of the largest mobile home companies in the Mid-West regarding alleged illegal late fees. Opposing Counsel: Daniel Edelman (Edelman, Combs and Latturner).
Illinois Bar, 1983
U.S. District Court
Northern District of Illinois, Eastern Division
Southern District of Illinois
Central District of Illinois, Peoria Division
Central District of Illinois, Rock Island Division
District of Maryland
Western District of Michigan
United States Courts of Appeals
District of Columbia
United States Supreme Court
Date of Birth: 1957
Law School: University of Chicago Law School, J.D., 1983
Undergraduate School: Dartmouth College, A.B., 1980
Bar/Professional Association Involvement:
- American Inns of Court
- Markey-Wigmore Chapter (selected by then Chief Judge of Seventh Circuit to be a charter member)
- Chicago Council of Lawyers
- Former member, Committee on Professional Responsibility
- DuPage County Bar Association
- Illinois State Bar Association
- University of Chicago Law School Mandel Legal Aid Clinic
- Visiting Committee of the University of Chicago Law School, 2006-2010
Awards; Honors; Distinctions:
- Commendation from DuPage Legal Assistance Foundation for first cy-pres award provided to the Foundation of over $260,000 from certain class-actions
- DuPage County Bar Legal Assistance Foundation Law Firm of the Year, 2008
- Martindale-Hubbell AV® Peer Review Rating
- Illinois Super Lawyer®, 2010-present
- Leading Lawyers Member selected by peers in Class Action/ Mass Tort Plaintiff's Law and Consumer Protection Law