Representative Experience
Amundsen Davis successfully obtained a denial of motion for class certification in a contentious wage and hour class action lawsuit involving home health care workers. The district court found that the purported class representative was not adequate due to evidence of dishonesty concerning his own time reports. Aggressive discovery strategy and effort led to proof that the former employee was working for multiple employers at same time and committing time fraud.
Amundsen Davis represented a direct marketing company in a $50 million cash-out merger and sale to a private-equity backed competitor that closed in November 2021.
Amundsen Davis defended the owner of a vehicle transport company following an accident between a company vehicle and a vehicle traveling dangerously below the speed limit on a rural interstate with an equipment malfunction after its driver, the claimant, was instructed by police not to drive the disabled vehicle on the interstate.
Amundsen Davis obtained summary judgment in favor of a hospital as to actual and apparent agency claims regarding the co-defendant orthopedic surgeon in a case involving a delayed diagnosis of osteosarcoma and a $26 million settlement demand. The motion was granted in its entirety and the hospital was dismissed from the case.
Obtained a defense verdict in a defamation/false arrest lawsuit that required the appellate court's review of certain decisions before the surviving counts were remanded for trial. After 8 days of testimony and 6 hours of deliberation, the jury accepted truth as an absolute defense to the claims despite the fact that $2 million was asked for along with a demand for punitive damages.
Obtained summary judgment on behalf of a national beverage corporation in a personal injury matter where the plaintiff tripped on an exposed pallet under a display at a grocery store allegedly containing the defendant’s products.
Defended a farm produce client in connection with an FDA investigation and voluntary recall of farm produce (cantaloupes) following an outbreak of salmonella associated with the crop. Multiple lawsuits were filed alleging product liability, breach of warranty, and negligence seeking recovery of money damages associated with the alleged tainted produce.
Amundsen Davis successfully established a new business plan for a large regional general construction contractor to effectively establish and utilize both union and non-union subcontractors on the same job sites throughout the Greater Chicagoland area.
Amundsen Davis secured a restraining order and injunction against a school district for unfairly trying to sway construction work away from the lowest bidder (a non-union contractor) and give it to the 2ndlow bidder (a union contractor).
Assisted a business owner in obtaining a revised zoning interpretation after a municipality initially determined that the proposed operation constituted a more restrictive use.
Assisted a business owner in appealing a zoning administrator's interpretation that classified the proposed operation as a prohibited use.
Guided a multifamily residential development through the full municipal approval process, securing approval of a Comprehensive Plan Amendment, rezone, Certified Survey Map (CSM), site plan, and Planned Development Overlay.
Secured a Special Use Permit from the Board of Zoning Appeals for an industrial wastewater treatment facility.
Secured a variance approval from a Board of Adjustment and obtained supporting approval from the Town Board.
Assisted a gas station and convenience store operator in obtaining liquor license approvals in Madison, Wisconsin.
Secured Land Combination, Site Plan, Conditional Use Permit, Planned Development Overlay, and related development approvals for a $51.6 million, 166-unit multifamily community. The 24-acre development includes one- and two-story buildings featuring single-family homes, townhomes, cottages, and duplexes.
Represented a developer and business owner in acquiring site, building, wetland, and related plan approvals to build an industrial building with the capacity to accommodate one to three manufacturing tenants.
Represented a developer in obtaining a second extension of its Final Planned Unit Development approval for a multi-unit apartment development, preserving the project’s development rights while allowing additional time for implementation.
Renewed Food Dealer Retail and Cigarette and Tobacco municipal licenses for a general store retailer.
Advised a quick-service restaurant on municipal licensing and permitting matters, including the successful renewal of its food dealer license.
Monitored and assessed pre-development and pre-annexation agreements between a municipality and a data center developer to understand the anticipated impacts the a proposed data center would have on neighboring properties.
Assisted an industrial building developer in negotiating and revising a development agreement to install public improvements as part of the municipality’s project approval conditions.
Obtained a 12-month extension of a self-serve car wash developer’s conditional use permit and site plan approvals, allowing the project to move forward on a revised timeline.
Represented a gas station at a license hearing to renew the store’s extended hours establishment, filling station, food dealer, and weight and measures licenses.
Coordinated a tavern’s first liquor and public entertainment premises (PEP) license renewal process since the enactment of 2023 Wisconsin Act 73.
Obtained summary judgment for a manufacturer in a product liability and negligence action involving an automatic rolling steel door.
Successfully obtained summary judgment on behalf of a solar financing business in an Illinois Prevailing Wage Act enforcement action.
Successfully represented a company on appeal after the trial court dismissed its breach of fiduciary duty claims against one of its officers and shareholders.
Successfully represented a large urban school district alongside its legal department before the Ohio Supreme Court in litigation involving student transportation obligations and statutory compliance issues.
Obtained a dismissal of a nationwide class action alleging violations of California consumer protection statutes and deceptive marketing related to use of the “Made in U.S.A.” tagline.
Obtained an emergency temporary restraining order, asset freeze, and expedited third-party discovery in a federal cryptocurrency fraud case involving approximately $3.7 million in digital assets.
Defended an online retailer in a federal antitrust class action.
Recently represented a nurse practitioner facing a complaint filed with the Illinois Department of Financial and Professional Regulation (IDFPR). The complaint alleged violations that threatened the client’s professional license and livelihood.
Luke Fedlam successfully challenged the Ohio High School Athletic Association’s interpretation of its bylaws after a student-athlete was deemed ineligible for postseason competition.
Represented a leading investor in the sale of a controlling interest in the steel processing division of an integrated steel processing and framing products manufacturing business.
Cecilia won summary judgment in a negligence case representing a municipal transportation agency and its bus operator after the bus was involved in a motor vehicle collision. The plaintiff alleged that as a passenger of a common carrier, the carrier breached its heightened duty of care by failing to keep a proper lookout and avoid a collision.
Cecilia won a motion to dismiss plaintiff’s complaint, on the basis that the plaintiff failed to allege sufficient facts to show the municipal corporation owed him a duty of a care or any subsequent breach of that duty. The court found the plaintiff’s complaint against the municipal corporation was meritless and therefore dismissed the case with prejudice.
Cecilia defended three named police officers and a municipal corporation against a wrongful death suit. The plaintiff, as she was walking home, was struck by a fleeing offender. The plaintiff’s estate subsequently sued the police officers as well as the municipal corporation alleging a wrongful police pursuit. Cecilia assisted in negotiating a fair settlement on behalf of her clients just prior to opening statements at trial.
Cecilia, following 10 arbitration hearings, secured judgments on the award in favor of a municipal transportation company arguing the carrier was not liable for the personal injury damages each individual plaintiff claimed. After listening to the evidence and testimony, the arbitrators found in favor of the transportation agency. A judgment on the award was entered and the case dismissed with prejudice.
Joseph Stefanko secured a victory on behalf of a national rideshare company by successfully obtaining a court order compelling arbitration in the Cuyahoga County Court of Common Pleas. The court agreed with Joseph’s arguments that the plaintiff’s claims were subject to a valid and enforceable arbitration agreement.
Joseph Stefanko successfully negotiated a favorable resolution for a freight broker client by securing a release and settlement agreement that required no monetary contribution from the broker. Through strategic advocacy and careful negotiation, including relying upon the Federal Aviation Administration Authorization Act (FAAAA) preemption arguments, Joseph protected the client’s interests and achieved a complete release of all claims without financial contribution.
Joseph Stefanko obtained summary judgment in the Cuyahoga County Court of Common Pleas in favor of a motor carrier client that had been mistakenly identified as a defendant in a hit-and-run motor vehicle accident.
Drafted and negotiated Reciprocal Easement Agreements, Declarations, and Operating Agreements for multi-use, ground-up developments.
Assisted a client in the subdivision of an outlot within a complex retail center, followed by negotiations of ground leases and sale of parcels.
Assisted a real estate investment company with sale of retail shopping center outlot.
Assisted in the acquisition of industrial real estate properties for logistics, manufacturing, and warehousing companies.
Drafted and negotiated long-term, complex commercial leases for retail, office, and industrial landlords and tenants.
Drafted and negotiated long-term leases for non-profit organizations, including build-out and tenant improvement allowances.
A cross-practice team of Amundsen Davis attorneys represented First Financial Bancorp., an Ohio-based financial holding company with a robust Midwest presence, in a $325 million cash and stock acquisition of Westfield Bancorp, Inc.
Secured trademark and service mark protection for client developing new plasma treatment technology for use with a wide variety of materials. Actively working on patent protection for this technology domestically and abroad.
Negotiated a favorable settlement of a trade dress infringement claim brought by an international electronics manufacturer, resolving the matter for a small fraction of the original demand.
Rebuffed service mark infringement claim made by high profile restaurant that asserted incontestable status of its mark against new restaurant opened in the Milwaukee Bucks Deer District.
Successfully negotiated a service mark assignment with an international bank on behalf of a local bank, including a license-back arrangement allowing continued use of the mark.
Prepared and successfully negotiated a comprehensive white label agreement on behalf of a major client in the hospitality industry.
Jeff Risch secured a reversal of the New Jersey Department of Labor's 7-figure tax assessment against a national publishing company’s business model that relied on engaging thousands of independent contractors. Following a multiple day trial, spanning several months, the Office of Administrative Law determined the individuals at issue were bona fide independent contractors under the notorious A-B-C Test.
Matt Kees represented a large national retailer against a claim for a violation of Wisconsin’s Safe Place Statute. Matt moved the court for a dismissal of the plaintiff’s complaint, and the court agreed, dismissing the plaintiff’s complaint in its entirety.
Amundsen Davis partner, Matt Kees, represented a Wisconsin grocery company against a claim of negligence. After discovery, Matt moved for summary judgment and won, with the court dismissing all claims.