Representative Experience

SmithAmundsen defended a home remodeler against a negligence claim in Cook County after a child was allegedly injured while trespassing on the client’s property during the renovation. The court granted summary judgment in favor of the home remodeler, finding that it owed no duty to the minor plaintiff under the Kahn doctrine and that the plaintiff failed to prove proximate cause.

We have successfully prepared documentation and legal arguments on behalf of Medicaid providers in response to Medicaid draft audit findings, reducing the state’s demands for repayment from more than one million dollars to as little as zero dollars.

SmithAmundsen represented a client during a Department of Health and Human Services (DHHS) Office of Civil Rights (OCR) investigation into various alleged HIPAA violations. The representation expanded into other complex issues requiring diplomacy, legal analysis, and development of new policies to achieve resolution. OCR concluded the complaint investigation in favor of the client.

SmithAmundsen defended a health care entity against a False Claims Act (FCA) complaint involving the client’s Medicaid billing practices. We obtained dismissal of the complaint by successfully arguing that the relator plaintiff failed to plead fraudulent conduct with sufficient particularity.

SmithAmundsen defended a skilled nursing facility (SNF) against a False Claims Act (FCA) complaint brought by the Indiana Medicaid Fraud Control Unit (MFCU) involving certain state licensing requirements.  We successfully negotiated a resolution of that matter. The MFCU initially sought fines and penalties in excess of $1M and the matter was resolved for less than $100k. 

SmithAmundsen represents a non-profit health care provider that needed to obtain rezoning and a special exception allowing the client to establish a residential treatment facility for recovery from addictions. We successfully represented the client before the city council and board of zoning appeals (BZA) to obtain the required zoning approvals. We then defeated the remonstrators’ petition for judicial review seeking to overturn the BZA decision. 

As COO and general counsel of a nonprofit women’s health care provider, Suzannah Overholt negotiated and led a merger with a provider in a neighboring state. She oversaw licensing of new facilities as well as ongoing compliance obligations of existing facilities.

SmithAmundsen defended a car dealership in a Cook County negligence case brought by a late-night trespasser who was allegedly struck by a security guard’s vehicle while being asked to leave the premises. We obtained a verdict at arbitration in favor of the dealership.

SmithAmundsen 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.

Jeff Muskopf won a significant victory for a nursing home in a lawsuit brought by a  patient who made claims of negligent care.

Henry Twomey successfully defended a nationwide convenience store and gas station chain against premises liability claims filed in Wisconsin state court. Following unsuccessful settlement negotiations, the case went to a jury trial. Henry served as first chair trial counsel and ultimately obtained a defense verdict. The jury found that the plaintiff was 75% at fault for the accident, resulting in a total bar to recovery.

Henry Twomey successfully defended a municipality in Wisconsin against unlawful tax and excessive assessment claims brought by an American retail company. Henry served as second chair trial counsel in a four day court trial where ultimately the judge ruled that the plaintiff did not meet its burden of proof, resulting in dismissal of all claims asserted against Henry’s client.  

SmithAmundsen 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.

SmithAmundsen successfully defended a hospital in a premises liability case involving an alleged slip and fall in the hospital lobby. The plaintiff voluntarily dismissed her case in response to the filing of the hospital’s motion for summary judgment.

Successfully settled matter involving allegations made by the mother of an autistic young adult claiming that her son was lured into an empty hotel room by a hotel employee. The claim was that the hotel employee should not have had access to room keys. The allegations were found to be largely false, but settlement resulted for minor costs of defense.

SmithAmundsen received dismissal of a matter brought by parents of a minor tenant (apartment complex) who was involved in a sexual relationship with one of the staff landscapers. The allegations centered on the apartment building’s failure to conduct a background check on the landscaper and failure to secure common areas.

Successfully settled matter involving allegations against a minor who sexually assaulted four other minors who lived in the same apartment complex. The minor offender’s mother was sued for negligent supervision of her child. 

Obtained dismissal in matter involving allegations that plaintiff was sexually assaulted by her masseuse. Allegations centered on the company’s failure to conduct a criminal background check (which would have revealed no criminal arrests or convictions) and failure to have a system in place where patrons could be monitored and not left alone with a masseuse of the opposite sex.

Handled a matter involving the sexual assault of a 32-year-old mother by four minor offenders who made entry into her home. One of the minors was on probation and wearing an electronic home monitoring bracelet. It is alleged that the county employees were improperly trained in how to monitor the offender. We represented the distributor of the electronic monitoring device and software that provided training on the system to probation officers.

Handled a matter that involved the brutal sexual assault of a female who was a resident of a large apartment building.

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.

SmithAmundsen 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. 

Margaret Firnstein handled a matter involving the alleged sexual assault of a female hotel patron by a hotel security staff employee. Allegations focused on the negligent hiring of the security guard, including failure to conduct a background check.

SmithAmundsen 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 2^ndlow bidder (a union contractor).

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.

Ken Perry defended a large engineering firm in 7-figure claim brought by third-party, non-client for property and personal injuries.

Ken Perry defended multiple third party medical insurance administrators for negligent administration and allegations of misrepresentation and fraud.

Ken Perry obtained a dismissal of a matter at trial court for a an insurance professional accused of negligence, conspiracy and spoliation.

Ken Perry represented a large insurance broker in claims of wrongdoing by an insurance carrier.

Ken Perry defended multiple miscellaneous professionals such as massage therapists and those in the property preservation field for various torts and allegations of wrongdoing.

Ryan Spott represented a home remodeling company in the reorganization of its company and affiliates to prepare for future business transactions.

Ryan Spott provided counsel to a client on acquisition of a multi-unit commercial property involving a commercial condominium, tenants in common interest and 1031 exchange.

We represented two home remodeling companies in two separate transactions for the sale of their nearly $50 million businesses to private equity buyers.

We counseled a self-storage facility with respect to land-use and zoning matters, and the eventual sale of its multiple property portfolio.

We provided counsel to an organization on the ground lease structure and eventual sale of its multi-family apartment condominium complex.

Ryan Spott assisted with the multi-million dollar sale of an electronics manufacturing company.

Carrie Hill served as issuer counsel for private placement of more than $90 million of preferred stock.

Carrie Hill represented an Indiana savings and loan holding company in the acquisition of an Illinois bank holding company.

Carrie Hill represented the seller in the sale of a manufacturing company and counseled the seller in negotiations and execution of a related lease agreement.

Carrie Hill represented an Illinois financial institution in a $5 million tender offer to repurchase its shares.

Craig obtained a seven-figure settlement on behalf of a physician who was wrongfully terminated.

He helped them separate from a larger group and incorporated them as independents.

He assists with their employment, corporate and contracting work for Fortune 500's across the country.

Craig represented an NFL football club in arbitrations before the Commissioner of Football on two occasions. One of the cases resulted in a change to the rules regarding how NFL contracts are drafted and interpreted.

Sherry successfully resolved most matters, arising out of easement maintenance work, for an electric utility company through direct negotiation with landowners, landowners’ counsel and through mediation.

Sherry Coley represented the lender of a hotel property being renovated with historic tax credit funding, traditional financing and TIF funding.

Laura Bonadies secured these panel opinions, which found in the client’s favor for cases involving allegations of complex medical conditions, including cardiac arrest, hypoxia, pressure injuries, and falls with injury. 

With the support of a unanimous favorable medical review panel opinion and a physician expert report, we sought and received summary judgment to dismiss the state court claim.

After a lengthy hearing, the court issued an order compelling arbitration and staying the state court claim pending resolution pursuant to the arbitration agreement.

When the plaintiff failed to timely tender his submission of evidence to the medical review panel, we sought and secured dismissal as a sanction for failure to comply with the applicable statutory requirements.

After a hearing and judge’s in camera review of the documents at issue, the trial court granted the protective order.

Laura Bonadies assisted the client  through the requisite patient and Health and Human Services’ Office of Civil Rights (“OCR”) notifications.

From receipt of the motion to compel, we advised the client and filed pleadings on behalf of the client, and monitored the third-party dispute for decisions that may implicate the client.

We represented the parties from answering the complaint and through discovery, and successfully retained dismissal of the claims at the summary judgment stage.

Tiffany Woelfel represented the prisoner as a pro bono upon recruitment by the federal district court.

We advised the client from the filing of the administrative procedure, through dispositive motions and an evidentiary hearing before the administrative system.

We counseled the client to protect their legal rights and avoid entanglement in the ongoing litigation.

We successfully defeated the claim at the motion to dismiss stage, and this decision was affirmed by the Seventh Circuit Court of Appeals.

The defense was against a participant who claimed they contracted Hepatitis C from a dirty needle.

The patient claimed the emergency physician failed to detect a retained piece of wood in the leg of a minor requiring in excess of 16 debridements.

The patient who was a child developed necrotizing fasciitis and underwent a fasciotomy and 16 debridements. Plaintiff sought in excess of $1 million.

The finding determined that the company did not have any duty to the plaintiff and did not control the construction area.

The plaintiff alleged that the defendants failed to stop at a stop sign resulting in a collision. The plaintiff's medical specials were $258,000 for a fused spine.

The plaintiff alleged that the defendants, including an emergency physician, failed to diagnose an infection of the ankle following surgery. The plaintiff required several surgeries for an infected joint.

The plaintiff alleged that the defendants, including the emergency physician, failed to diagnosis and treat toxic shock syndrome. The descendent died in hospital from complications and sepsis.

The plaintiff alleged a failure to diagnose and treat hernia and urinary retention in the emergency department resulting in a bowel obstruction.

The plaintiff, a police officer with the city, alleged that a sergeant had made sexually harassing statements and reported the action to her captain.

Keith Mundrick represented a senior lender in connection with $16 million recapitalization of industrial distributor, including drafting and negotiating loan documents, pledge agreements, subordination agreements, and related documents.

Keith Mundrick represented a purchaser in an acquisition of an office building in Indianapolis, Indiana. He negotiated lease agreements, management agreements, and due diligence matters.

Keith Mundrick represented a sole lender in the refinancing of a retail shopping center in Bloomington, Indiana, including drafting and negotiating loan documents and resolving matters related to real estate due diligence.

Keith Mundrick represented a community bank in an acquisition and development of a commercial property in Carmel, Indiana for a new bank branch. He guided them through zoning variance approval and development plan approval before the Carmel Plan Commission and Carmel Board of Zoning Appeals.

Keith Mundrick negotiated and resolved title issues and real estate due diligence matters for a lender in connection with the financing of an apartment complex in Indianapolis, Indiana.

Keith Mundrick negotiated and resolved title issues and real estate due diligence matters for a lender in connection with financing of a restaurant development in Carmel, Indiana.

Keith Mundrick represented a lender in connection with alcohol permit assignment issues, title, and real estate due diligence matters in connection with a liquor store refinancing in Indianapolis, Indiana.

Dan Faust represented a government entity in multiple eminent domain issues regarding right to take and value of award from fee simple, to leasehold to easement interests.

The jury was charged with determining the value of the property acquired, and award the landowners less than 30% of the amount requested from the jury.

Dan Faust successfully represented a government agency on a motion for partial summary in an eminent domain action in which the landowner argued that the compensation owed to her included the value of an adjacent parcel acquired by the government from her in a different but related case, because the instant case was filed prior to second case.

Dillon Ambrose represented an industrial tank manufacturer being sued for breach of contract, negligence, intentional misrepresentation, and breach of release.

Dillon Ambrose drafted an amicus brief to the United States Supreme Court advocating for an alternative de facto test for diminishment of reservation status based upon common law theories of laches and waiver, as supported by prior Supreme Court precedent.

Dillon Ambrose was part of a team of attorneys that helped their client, a municipal entity considered a Potentially Responsible Party due to its wastewater treatment in the Fox River, resolve a twenty-year, billion-dollar CERCLA case involving the clean-up of PCBs in the Fox River.

Dillon Ambrose successfully represented a company being sued for discrimination and retaliation in the Eastern District of Wisconsin.

Dillon Ambrose successfully represented a homeowner against a homeowner’s association (HOA) over covenants and restrictions limiting the roofing materials required for a house within the HOA’s purview.

Dillon Ambrose successfully represented a corporation seeking to have its civil judgment against a debtor be deemed non-dischargeable in bankruptcy.

Dillon Ambrose represented a bank seeking a large portion of a decedent’s estate in a probate case. The bank had been awarded damages in a previous default judgment against the decedent.

The firm prepared and negotiated the construction contracts for the completion of a portion of the Obama Presidential Center in historic Jackson Park on the South Side of Chicago.

John Pienkos prepared petitions for inter partes review proceedings that ultimately led to the invalidation of patent claims in relation to fiber optics technology.

Amundsen Davis managed a team in a multi-year effort to oppose the registration of a product configuration.

John Pienkos served as primary outside counsel to a large insurance company with respect to the company’s patent matters.

Amundsen Davis represented a startup in the marine industry in regard to the company’s intellectual property matters up to and following the company’s acquisition by a Fortune 500 Company.

Defeated motion to remand BIPA suit to Cook County Circuit Court on grounds that the allegation that plaintiff did not consent to the collection of his data was sufficient to confer Article III standing for federal jurisdiction.

SmithAmundsen obtained voluntary dismissal of defendant after filing motion to strike damages clause in suit based on limitation of liability provision.

SmithAmundsen successfully moved the Court to enforce an arbitration clause and class action waiver against the plaintiff.

SmithAmundsen successfully invoked the Terms and Conditions agreed to by customers of a major non-profit organization to stay discrimination litigation pending arbitration.

Chris represented a homeowner and obtained more than $25,000 in settlements to resolve claimed violations of the Missouri Merchandising Practices Act.

After SmithAmundsen's aggressive strategy, the Court dismissed several claims, struck the nationwide class from the pleadings, and significantly narrowed the scope of the remaining state-wide class.

We represented a landowner and obtained a preliminary injunction enjoining the City of St. Louis Board of Adjustment from holding a hearing to revoke its conditional use permit.

SmithAmundsen defeated the motion for preliminary injunction and convinced the plaintiffs not to oppose our motion for summary judgment.

Chris represented homeowners and obtained a $250,000 settlement from a pesticide company.

In a class action lawsuit, SmithAmundsen brought a motion to dismiss the complaint after a thorough investigation. The plaintiff amended her complaint and dropped SmithAmundsen’s client as a defendant. 

We represented a small trucking company and obtained a $7,500 settlement and written acknowledgment of liability from a repair shop.

SmithAmundsen obtained dismissal of FDCPA claims on a motion to dismiss in a putative class action lawsuit.

At the outset of the case, SmithAmundsen was able to force the plaintiff’s attorneys to substitute out the case by showing the existence of a conflict between plaintiff and the proposed class.

In a jury trial, the jury only returned a verdict of 7% of what Plaintiff’s attorney asked.

Carrie Hill served as issuer counsel for private placement of more $120 million of subordinated notes.

Carrie Hill served as counsel to placement agent for private placement of over $20 million of subordinated notes.

Carrie Hill represented an Indiana savings and loan holding company in its merger with and into an Indiana savings and loan holding company.

Carrie Hill represented an Indiana bank holding company in the acquisition of a Kentucky bank holding company.

SmithAmundsen obtained summary judgment for a defendant who owned  a ladder that was allegedly defective and caused the plaintiff significant injuries. 

Dan Peters and Chris Miller obtained a favorable settlement for a national retailer accused of breaching a commercial lease agreement after filing counterclaims for trademark infringement.

SmithAmundsen secured summary judgment in favor of our clients, as the court found that the parents owed no duty to control the actions of their teenage son.

SmithAmundsen represents a global facilities service provider where plaintiffs often engage in forum shopping and attempt to file lawsuits in the favorable venue of Cook County. We have been successful, in multiple cases, in transferring these cases to venues where they belong (where the injury occurred or where the plaintiff resides), drastically reducing the exposure value and enabling settlements favorable to the client.

Our motion to dismiss was granted after the plaintiff accused a jail of causing him to contract COVID-19.

The arbitrator dismissed all of claimant’s claims with prejudice noting that the evidence did not prove that our client, a major Wisconsin contractor, caused the damages.

Our firm successfully defeated class certification in a Telephone Consumer Protection Act class action by successfully arguing that Plaintiff had not met the burdens under Rule 23.

Matt McClean defended a client through a 6-week jury trial in a case involving a serious construction accident.

Matt McClean represented family trusts involved in a series of estate and commercial claims.

In multi-million dollar dispute with a municipality, Matt McClean helped a construction company negotiate a resolution.

Won a defense a verdict on behalf of a full service mechanical contractor and its owner in a 6-day trial in Fond du Lac County.

Matt McClean represented a Milwaukee Alderman against claims of defamation and tortious interference and won a defense verdict.

In a wage claim brought by a dental services client’s former employee, Bruce Deadman received a favorable decision from the Wisconsin Equal Rights Division.

Bruce Deadman assisted with the design and implementation of NQDC plans which foster the recruitment, retention and rewarding of key employees.

In a 6 week jury trail, Matt McClean represented a precast concrete subcontractor regarding a partial façade collapse at the O’Donnell Park garage in Milwaukee.

We represented a general contractor facing claims of design defects and faulty construction from the City of Milwaukee.

Matt McClean represented a subcontractor on its lien claim and got over 95% of the amounts due.

Matt McClean assisted in the representation of a village against a tunneling contractor, which included a seven day trial.

Matt McClean won a motion to dismiss on a construction contract case, involving the enforceability of a forum selection clause and Kansas public policy.

Matt McClean and Elizabeth Miles represented a homeowner who purchased property, and recovered more than $50,000 in damages.

Matt McClean assisted in obtaining a no breach of contract ruling for a preferred provider network for health care services in an arbitration.

Matt McClean assisted in the representation of the a sewage district where the plaintiff sought more than $12 million.

Elizabeth Miles obtained a favorable ruling for a client purchased property that included an access easement.

Elizabeth Miles negotiated an amended reciprocal easement agreement between homeowner's association and condominium association.

Elizabeth Miles negotiated voluntary dismissal of an architect for a large retail store following discovery without the need for dispositive motion practice.

Elizabeth Miles negotiated favorable settlements prior to trial for a multi-national infrastructure consulting firm. 

Elizabeth Miles helped win summary judgment on behalf of a municipal sewage commission in a $1.5 billion CERCLA action.

Before a two-week trial, Amundsen Davis reached a settlement for the beneficiary of a will.

We successfully defended an alderman in a defamation suit and handled the appeal.

We returned $50,000 to our client, a woman, in her claim against the estate of her boyfriend.

The firm prepared and negotiated the construction contracts for a 137 acre, multi-phase, mixed-income development involving 2,400 housing units in Chicago’s Near West Side.

Amundsen Davis represented an electronic discovery and digital forensics company in its sale to a private equity backed platform in December 2022.

Amundsen Davis represents a live music venue developer and operator that needed to obtain zoning and related approvals allowing the client to construct a $50 million complex with two indoor concert halls that will have capacities of 800 and 4,000 persons.

Moses Suarez and Suzannah Overholt won a motion to dismiss in a qui tam case alleging False Claims Act Violations in Federal Court. They defended a pharmacy chain and a long-term care facilities operator in Illinois facing allegations that they failed to follow certain state and federal regulatory requirements.

SmithAmundsen was granted summary judgment in favor of a health care provider after the plaintiff, a former employee, alleged FLSA and ERISA retaliation claims. The plaintiff claimed that her employer reassigned her territory, refused her a new uniform and terminated her employment in retaliation for being a named plaintiff in two different class actions years prior.