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).
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.
Advised a family-owned distributor in the sale of its business to a strategic buyer, including complex asset, equity, and real estate components.
Represented a consumer products company in a putative class action asserting claims under the Illinois Biometric Information Privacy Act (BIPA), the Illinois Consumer Fraud Act, and related common-law theories. Secured dismissal of all claims at the pleading stage.
Represented a long-standing food and beverage client in the $43.24 million sale of substantially all assets.
Amundsen Davis secured a favorable settlement for a non-profit client in a wage and hour class action.
Defended a public school district against claims alleging failure to accommodate under the ADA, disability discrimination, and FMLA interference.
Represented a well drilling company in a $4 million buyer-side asset purchase, navigating bank loan requirements and advisor relationships to secure favorable financing and close the transaction.
Amundsen Davis represented a publicly-traded specialty chemical and industrial products company in the divestiture of a manufacturing business unit.
We assisted our engineering client with the sale of its precast division assets to an industry peer, completing the transaction efficiently while preserving value for both parties.
Our team secured a defense verdict in a coverage dispute involving a commercial roof collapse, where pre-existing issues led to denial of a wind damage claim.
Jeff Oberlies and Eric Pagnamenta obtained summary judgment in favor of our client, a leading insurance provider in Indiana, in a complex dispute involving a $2 million life insurance policy.