- Obtained Denial of Motion for Class Certification in a Wage and Hour Class Action Lawsuit Brought By Home Health Care Workers
SmithAmundsen 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.
- Represented a Direct Marketing Company in a $50 Million Cash-Out Merger and Sale to a Private-Equity Backed Competitor
SmithAmundsen 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.
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.
- Obtained Dismissal of a False Claims Act Complaint Involving a Health Care Entity's Medicaid Billing Pracitces
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.
- Successfully Represented Nonprofit Health Care Provider Before City Council to Obtain Zoning Approvals
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.
- Enforcement of Mandatory Arbitration Provision under the Federal Arbitration Ace in a Nursing Home Negligence Claim
Jeff Muskopf won a significant victory for a nursing home in a lawsuit brought by a patient who made claims of negligent care.
- Successfully Defended a Nationwide Convenience Store and Gas Station Chain Against Premises Liability Claims
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.
- Received Dismissal of Matter Centered on the Apartment Building’s Failure to Conduct a Background Check and to Secure Common Areas
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.
- Represented Distributor of Electronic Monitoring Device and Software in Matter Involving Sexual Assault
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.
- Advocated on Behalf of a Large Residential Apartment Building Against Allegations of Negligence in a Sexual Assault Matter
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.
- Successfully Established a New Business Plan for a General Contractor to Utilize Both Union and Non-Union Subcontractors
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.
- Secured a Restraining Order and Injunction against a School District for Unfairly Trying to Sway Construction Work Away From a Non-Union Contractor
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 2ndlow bidder (a union contractor).
- Secured a Reversal of the New Jersey Department of Labor's 7-Figure Tax Assessment Against a National Publishing Company’s Business Model
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.
- Secured a Defense Verdict for a Marine Transportation Client After it Lost Barges on the Illinois River
Rich McNelley was part of a litigation team that secured a defense verdict for a marine transportation client who lost a number of barges as it’s vessel attempted to navigate past a dam on the Illinois river, which resulted in damage to the dam and flooding of a nearby town.
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.
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.
SmithAmundsen defeated the motion for preliminary injunction and convinced the plaintiffs not to oppose our motion for summary judgment.
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.
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.
- Obtained Summary Judgment for a Defendant Who Owned an Allegedly Defective Ladder that Caused Injuries to the Plaintiff
SmithAmundsen obtained summary judgment for a defendant who owned a ladder that was allegedly defective and caused the plaintiff significant injuries.
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.
- Successfully Transferred Cases for a Global Services Provider from Cook County to Venues Where the Injury Occurred or Where the Plaintiff's Reside
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.
- Defeated Class Certification of Tens of Thousands of Putative Class Members Based Upon Lack of Common Questions of Fact and Law
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.
- Defended Allegations of Negligence, Breach of Contract and Fraud in a Case Involving a Serious Construction Accident
Matt McClean defended a client through a 6-week jury trial in a case involving a serious construction accident.
- Represented Family Trusts Involved in a Series of Estate and Commercial Claims when the Death of a Principal Coincided with the Sale of the Family Business
Matt McClean represented family trusts involved in a series of estate and commercial claims.
- Negotiated a Resolution for a Construction Company in a Multi-Million Dollar Dispute with a Municipality
In multi-million dollar dispute with a municipality, Matt McClean helped a construction company negotiate a resolution.
- Won a Defense Verdict for a Mechanical Contractor Against Allegations of Civil Theft, Conversion and Unjust Enrichment
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.
- Won a Defense Verdict for a Milwaukee Alderman Facing Claims of Defamation and Tortious Interference
Matt McClean represented a Milwaukee Alderman against claims of defamation and tortious interference and won a defense verdict.
- Obtained Zoning and Related Approvals for a Live Music Venue Developer to Construct a $50 Million Complex
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.
- Won Summary Judgment in Favor of a Health Care Provider After the Plaintiff Alleged FLSA and ERISA Retaliation Claims
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.
- Secured a Victory for Multiple Chicago Area Road Contractors Pursuant to the Illinois Prevailing Wage Act
SmithAmundsen secured a victory for multiple Chicago area road contractors pursuant to the Illinois Prevailing Wage Act. We assisted our client in securing a new labor classification and rates that preserve their competitiveness.
SmithAmundsen represents a newly formed solo physician dermatology practice. The client’s medical practice includes clinic visits as well as surgical procedures at hospitals and ambulatory surgical centers. We advised the practice on various aspects of its startup operations including regulatory compliance, privacy policies, personnel policies, and contracting issues.
SmithAmundsen defeated a laborer local union in its organizing efforts directed at a nursing home facility whereby the election was held by mail-in ballot during the COVID-19 pandemic. We worked carefully through the delivery of key messaging and educational materials to inform the voting unit on the “good, bad and ugly” of becoming part of the union.
- Obtained an Arbitration Award Denying a Former Sales Person's Claim of $500,000 in Unpaid Commissions and Interest
SmithAmundsen obtained an arbitration award denying a former sales person's claim of $500,000 in unpaid commissions and interest against a national medical product distributor. It was ultimately determined that the employer owed her $0 following a multiple day arbitration proceeding.
SmithAmundsen served as counsel to an HVAC company in resolving its employment tax liability, which included the defense of the trust fund penalty that is regularly asserted by the IRS against controlling officers.
- Represents Commercial Auto Carrier of a Rideshare Company Providing Coverage Advice for Claims of Rideshare Drivers, Passengers and Third-Parties Seeking Liability
SmithAmundsen represents the commercial auto carrier of a rideshare company that operates in Illinois and regularly provides coverage advice for claims of rideshare drivers, passengers, and third-parties seeking liability, property damage, and uninsured/underinsured motorist coverage.
SmithAmundsen defended a national medical device company in a consumer class action. The team had victories on consecutive motions to dismiss, which sharply narrowed the claims at issue under the Wisconsin Consumer Act and reduced the potential scope of the putative class.
SmithAmundsen successfully obtained multiple dismissals in favor of an insurance company client against claims brought by underlying plaintiffs as purported direct beneficiary or third-party beneficiary under a policy of insurance issued to an alleged tortfeasor, including a claim for an alleged violation of Section 155 of the Illinois Insurance Code.
- Successfully Defended a Building Management Company Against a Personal Injury Claim Following a Slip and Fall Incident
SmithAmundsen successfully defended a building management company in the Chicagoland area against a personal injury claim following a slip and fall incident.
SmithAmundsen successfully defended a multi-state pharmaceutical manufacturer sued by a former employee who alleged failure to accommodate and disability discrimination under the Americans with Disabilities Act and the Family and Medical Leave Act violations.
- Obtained Summary Judgment in a Breach of Contract Action Involving a Life Insurance Coverage Dispute
SmithAmundsen obtained summary judgment for clients in a breach of contract action involving a life insurance coverage dispute where clients sought damages exceeding $1M.
SmithAmundsen defended an Indiana-based company facing a series of class action wage and hour lawsuits stemming from work its traveling crews performed in other states.
For more than 15 years Steve Sims has served as the chief legal advisor to an integrated steel processor and framing products manufacturer. He has represented this client in capital-raising and M&A transactions, including a complete reorganization/recapitalization of their business.
- Serves as Primary Outside Counsel to Manufacturer of Commercial Washroom Hardware and Sanitary Technologies
SmithAmundsen provides counsel to the manufacturer for patent and trademark matters.
SmithAmundsen serves as primary outside counsel to the manufacturer for their patent work both domestically and abroad.
SmithAmundsen serves as primary outside counsel to a company providing AI and ML technologies, in regard to the company’s patent and trademark matters.
- Secured a Summary Judgement on Behalf of a Landlord Following the Failure of Decking Materials that Resulted in Injuries
SmithAmundsen secured a summary judgement on behalf of landlord following the failure of decking materials that resulted in injuries to the plaintiff. Secured testimony and evidence that supported elements necessary for a motion for summary judgment.
SmithAmundsen helped the company obtain more than a dozen patents and negotiated numerous contracts with commercial air carriers and their vendors.
Daniel Whiston was retained by a real estate company following an injury that occurred during a showing of a home.
SmithAmundsen was retained to defend represent an airport in a high profile incident, including preparation for client testimony before local legislators as well as House and Senate committees.
SmithAmundsen defended the owner of a Cessna 421 in litigation stemming from a four-fatality crash. The case was litigated for over a decade and resulted in multiple appellate decisions, including an opinion of first impression finding that Illinois does not recognize the tort of educational malpractice. Ultimately, our client was awarded summary judgment on all remaining theories of liability.
- Secured a Dismissal of a Home Inspection Company that had Inspected a Premises Prior to a Major Deck Collapse
SmithAmundsen successfully defended a client in a porch collapse case. We secured a dismissal of a home inspection company that had inspected a premises prior to a major deck collapse that resulted in significant injuries to numerous people.
SmithAmundsen’s client was dropped from the litigation, which has now been settled by other parties.
SmithAmundsen handled the representation of a Cessna Citation in a breach of contract and fraud federal jury trial. The jury sided with SmithAmundsen’s client. SmithAmundsen also successfully argued the appeal in the Seventh Circuit Court of Appeals.
SmithAmundsen secured a dismissal for an employer at the Chicago Commission on Human Relations with a motion to dismiss, arguing the IHRA does not apply to independent contractors.
Upon filing a motion for summary judgment, the plaintiff requested mediation, where the matter was settled with confidential terms.
- Won Summary Judgment in the S.D. of Florida for a Vending Operator that the Motor Carrier Act Exemption of the FLSA Applies to Vending Route Drivers
SmithAmundsen won summary judgment in the S.D. of Florida for a vending operator that the Motor Carrier Act Exemption of the FLSA applies to vending route drivers. This defeated that route drivers were entitled to any overtime pay.
SmithAmundsen defended an international air carrier support vendor relative to a catastrophic in flight medical emergency.
- Filed an Amicus Brief in the Middle District of Tennessee for a Vending Operator on the Motor Carrier Act Exemption
SmithAmundsen filed an amicus brief in the Middle District of Tennessee for a vending operator on the Motor Carrier Act Exemption where the judge reversed the grant of summary judgment for the plaintiff.
SmithAmundsen prevailed on a jurisdictional motion against the owner and the plaintiff did not replead against SmithAmundsen’s client in appropriate forum.
- Won a Post-trial Motion Where the Original Verdict was $1 Million for a Sexual Harassment Retaliation
SmithAmundsen won a post-trial motion where the original verdict was $1 million for a sexual harassment retaliation case and argued it was punitive and the IHRA does not allow for punitive verdicts/damages. The judge agreed and remitted the verdict down to $175,000.
SmithAmundsen’s client received full reimbursement of all charges demanded, and additional credits.
- Defended a Hospital Against an Employee’s Claims of Race Discrimination in Cook County Circuit Court
SmithAmundsen defended a hospital against an employee’s claims of race discrimination in Cook County Circuit Court alleging that the hospital violated the Illinois Human Rights Act when it discharged the employee because of her race.
SmithAmundsen’s work has resulted in millions of reimbursements and savings for their clients.
- Evaluate Health Care Billing Practices to Determine Compliance with the Anti-Kickback Statute and Stark Law
SmithAmundsen has evaluated health care clients’ billing practices to determine compliance with the Anti-Kickback Statute (AKS) and Stark Law and whether any self-disclosure requirements were triggered.
SmithAmundsen defended a hospital against an employee’s claims of retaliation and sexual harassment in Illinois federal court.
Through SmithAmundsen’s aggressive motion practice and discovery, the company was able to favorably resolve the matter for a fraction of the amount alleged.
- Defended a Not-for-profit Organization Against a Contractor’s Claims of Sex Discrimination at the Chicago Commission on Human Relations
SmithAmundsen defended a not-for-profit organization against a contractor’s claims of sex discrimination at the Chicago Commission on Human Relations.
- Defended an Intellectual Property Firm from Negligence, Where the Opposition Alleged Over $10 Million in Damages
SmithAmundsen’s work prior to the trial resulting in a reduced demand, and the matter resolved for substantially less than previously sought.
- Defended a Hospital Against a Former Employee’s Claims of FMLA Interference, FMLA Retaliation, and ADA Discrimination
SmithAmundsen defended a hospital against a former employee’s claims of FMLA interference, FMLA retaliation, and ADA discrimination in Illinois federal court.
The allegations included fraud, deception and other intentional conduct, making such a ruling particularly difficult to achieve given Illinois law and the emotions involved.
As Indianapolis Works Transition Director for the City of Indianapolis, Suzannah Overholt led the consolidation of governmental services. She designed and implemented a plan for local government reform, including the merger of the police department and law enforcement division of the sheriff’s department, as well as consolidation of township fire departments into the city fire department. She negotiated the framework of the consolidation with local and state elected officials.
SmithAmundsen defended a hospital against a former employee’s claims that the hospital violated Title VII and ADA in Illinois federal court.
SmithAmundsen achieved summary judgment on a legal malpractice claim based upon rulings made in the underlying litigation.
- Defended a Police Department Against a Petition for an Injunction in a Fourth Amendment Search and Seizure Case
Suzannah Overholt prevailed in numerous employment discrimination and constitutional actions in state and federal court on behalf of state and local government. She successfully defended a police department against a petition for an injunction in a fourth amendment search and seizure case in federal district court and then successfully argued the case on appeal to the Seventh Circuit.
SmithAmundsen won summary judgment in a race discrimination, defamation claim under IHRA and Title VII in Cook County State Court.
Medical providers in Chicago were attempting to make the administrator responsible for the difference between the amount charged, and the amount paid to the medical provider.
SmithAmundsen represents a hospital that required zoning approval to expand its facility. We prepared and filed the necessary documents with the city and represented the client at neighborhood meetings and before the metropolitan development commission, resulting in the required approvals being granted.
- Obtained a Motion to Dismiss with Prejudice for Claims of Breach of Employment Contract, Defamation and Infliction of Emotional Distress on Behalf of a Health Care Employer
SmithAmundsen obtained a motion to dismiss with prejudice for claims of breach of employment contract, defamation and infliction of emotional distress on behalf of a health care employer in Lake County, Illinois Circuit Court. The appeal was won in the 2nd District, Appellate Court.
Ken was able to get the matter dismissed based upon the statute of limitations. The case developed a new statute of limitations for spoliation claims in Illinois.
- Won Summary Judgement on a Race Discrimination Complaint for a Hospital had a Legitimate, Nondiscrimination Reason for Termination
SmithAmundsen won summary judgement on a race discrimination complaint in the Northern District of Illinois when the hospital had a legitimate, nondiscrimination reason for termination and employment decisions were not based on race.
SmithAmundsen's efforts to defend our client on the merits allowed us to protect our client from being named in additional lawsuits and to not allow our client to become a source of settlement funds.
SmithAmundsen defended a condominium association in a civil rights action in federal court under 42 U.S.C. Sec. 1983 brought by a tenant who had been evicted following her arrest and incarceration for homicide allegedly committed at the property. The court granted a motion to dismiss for failure to state a claim.
- Successfully Assisted a Group of Employees from De-certifying their Union Representation with a Grocery Store Chain
Heather Bailey successfully assisted a group of employees from de-certifying their union representation with a grocery store chain by educating fellow employees about union dues are for and where their union dues went.
Our attorneys were able to establish that the accident occurred while the EMT employees and the ambulance company were providing medical transport services within the course and scope of their employment.
SmithAmundsen defended the driver of a car involved in an accident in a Cook County negligence case where the evidence showed that it was the plaintiff who ran a red light and caused the accident. We obtained a verdict in favor of our client following an arbitration hearing.
- Won a Motion to Dismiss in a Common Law Retaliatory Discharge Case Under the Workers’ Compensation Act
SmithAmundsen won a motion to dismiss in a common law retaliatory discharge case under the Workers’ Compensation Act after arguing that the complaint failed to state a claim entitling the plaintiff to recover because the plaintiff was never discharged from her job.
Following the accident, investigation efforts revealed that the insured driver was traveling 75 mph, with his cruise control on, and did so during severe rain that caused flooding on the roadway.
- Successfully Represented an Employer in a Wage Payment Claim Brought by a Former Sales Representative
SmithAmundsen successfully represented an employer in a wage payment claim brought by a former sales representative in the California Department of Industrial Relations (Oakland).
- Obtained a Temporary Restraining Order and Favorable Settlement for a Sales Company in Claims Based on Improper Solicitation of Clients
SmithAmundsen obtained a temporary restraining order, followed by favorable settlement, for international direct sales company against former sales representatives and their new employer, based on the improper solicitation and recruitment of the client’s sales representatives.
SmithAmundsen defended a snow and ice removal company in DuPage County after a grocery store patron slipped and fell in a parking lot following a snow storm. The court granted summary judgment in favor of the company, ruling that the plaintiff failed to prove that he was injured by an unnatural accumulation of snow or ice and failed to prove proximate cause.
- Represented an International Direct Sales Business in a Suit for Breach of Restrictive Covenant and Nondisclosure Agreements
SmithAmundsen represented an international direct sales business in a suit for breach of restrictive covenant and nondisclosure agreements, and other claims including, trade secret misappropriation and breach of fiduciary duty, against a former key manager alleged to have formed similar business while still employed by the client, using its protected work product and intellectual property.
SmithAmundsen defended the general contractor of a hotel construction project in Lake County against wrongful death and survival claims after a subcontractor’s employee was killed in a fall at the construction site. We engineered an extremely favorable settlement of the matter involving complex insurance coverage disputes between the four co-defendants.
SmithAmundsen obtained a temporary restraining order and preliminary injunction on behalf of a commercial insurance agency against a terminated sales representative who embarked on a campaign to solicit his former customers, which was in violation of his restrictive covenants.
SmithAmundsen's attorneys were able to remove the action to Federal Court, and reach an amicable settlement for one third of the demand.
SmithAmundsen represented a condominium association and property manager in a pre-suit claim for significant burn injuries caused to a tenant by a microwave fire. We engaged in significant pre-suit expert discovery and brokered a majorly-discounted settlement involving two major appliance manufactures.
- Obtained a Preliminary Injunction on Behalf of a School Photography Company Against a Competitor in Violation of Restrictive Covenant Agreement
SmithAmundsen obtained a preliminary injunction on behalf of a school photography company against a former sales representatives and competitor company who were actively soliciting their former accounts, in violation of their restrictive covenant agreements.
SmithAmundsen represented a defendant car dealership a personal injury lawsuit where the plaintiff was injured when a customer caused a motor vehicle accident while driving the dealership’s loaner vehicle.
SmithAmundsen defeated a motion for a temporary restraining order brought against an auto repair insurer by a competitor who claimed the client breached provisions of quasi-joint venture agreement.
As first chair trial counsel, Jeff Muskopf defeated lender liability claims brought by a borrower based on commercial and residential mortgages, and prevailed on the bank’s cross-claims for foreclosure against the borrower.
- Represented an International Custom Automation Engineering Firm in an Action Against a Former Sales Manager
SmithAmundsen represented an international custom automation engineering firm in action against former a sales manager who resigned and then pursued projects he had worked on at the former employer, and obtained a successful settlement despite the fact that he had no restrictive covenants.
Jeff Muskopf served as lead counsel in a five week trial involving claims of fraud and breach of fiduciary duty arising from the dissolution of a law firm.
- Retained by a National Consulting Firm to Pursue Claims for Breach of Restrictive Covenants, Trade Secret Statues and Other Actions
SmithAmundsen was retained by a national consulting firm to pursue claims for breach of restrictive covenants, breach of trade secrets statutes, and other causes of action against former managers and their newly formed company, who successfully bid against the client for a major project that they had pursued for the client before they resigned.
- Represented a Major National Insurance Company Against Claims of Bad Faith and Extra-Contractual Liability
Patrick Mastrian represented a major national insurance company against a claim of bad faith and extra-contractual liability brought by its insured, who’s theft and fire loss claim was denied by the insurer.
Jeff Muskopf extinguished a $20M exposure in a breach of fiduciary duty lawsuit brought against a bank by numerous trust beneficiaries whose structured settlement assets were misappropriated by a successor trustee. Following investigation and discovery, Jeff prepared and argued a motion to dismiss the claims which the trial court granted. When the trial court’s order was appealed, Jeff successfully defended the trial court’s judgment in the appellate court.
SmithAmundsen negotiated a favorable settlement for physicians’ group after claims of unfair competition were brought by the employer who sought to terminate their contract and enforce restrictive covenants, which would have severely impacted their practice and livelihoods.
At the pretrial conference, the court granted the defendants’ crucial motion in limine and denied the plaintiff’s request for punitive damages, leading to plaintiff’s voluntary dismissal of its battery claim.
SmithAmundsen defended a health care facility against an Americans with Disabilities Act (ADA) claim alleging the client refused to accommodate the needs of a patient. After presenting arguments and evidence on behalf of the client, the complaint was resolved in favor of our client.
SmithAmundsen defended a financial advisor facing claims for breach of restrictive covenants brought by a former employer. We negotiated a settlement which carved out significant client base for sales representative based on the argument that the former employer could not demonstrate protectable interest in the clients at issue.
At trial, the court found in favor of the landowner and ordered that the tenant return possession to the landowner and pay $56,000 in damages for its unlawful detainer.
Jeff Muskopf represented a product manufacturer in lawsuits brought in over 15 counties by hundreds of coal miners who sought recovery for their claims of black lung disease.
- Defended a Custom Automation Sales Representative and His Employer in Restrictive Covenant Litigation
SmithAmundsen defended a custom automation sales representative and his employer in restrictive covenant litigation brought by a former employer.
- Represents a State Savings Bank on Various State Regulations and Prepares Files for all Registration Documents for Successful Mortgage Lending in all 50 States
SmithAmundsen represents a state savings bank that engages in mortgage loan activities across the United States. We work closely with various state regulators for the client to become authorized to do business within each state and to maintain its good standing.
- Obtained a Temporary Restraining Order on Behalf of a National Information Technology Solutions Company
SmithAmundsen obtained a temporary restraining order on behalf of national information technology solutions company against a former sales representative who was actively contacting his former customer contacts on behalf of a competitor.
SmithAmundsen represented an ophthalmology start-up and its founder in a claim for breach of a non-disclosure agreement and other theories. The claim stemmed from the former CEO’s resignation and formation of a new company seeking to exploit the client’s cutting edge glaucoma treatment and related business information disclosed to the CEO pursuant to NDA.
SmithAmundsen obtained dismissal of an EEOC charge brought by a former employee of a client staffing agency. The charge alleged sexual harassment by managers of the company where she was placed.
SmithAmundsen represents religious and non-profit institutions in sexual abuse claims. Our firm has assisted a client in managing a series of presuit claims, within its SIR. We also advised the client on coverage issues, and worked with the client’s carrier to effectively and efficiently resolve matters with the policy limits.
The arbitration involved cost overruns, design errors, construction defects, and delay damages involving a premier hotel.
The owner of a large retail shopping center sued, alleging product liability and breach of warranty.
The jury deliberated for more than two days and the case settled during deliberation for much less than the plaintiff’s pre-trial demand.
SmithAmundsen obtained a favorable settlement in a premises liability case involving a fall at an outpatient medical clinic, which resulted in the exacerbation of the patient’s end stage renal disease due to acute trauma from the fall.
The jury found no negligence on the ER doctor.
Successfully settled matter involving death of plaintiff when she exited the elevator onto her floor where a fire was raging. The allegations centered on the building’s failure to have proper fire safety measures in place, including sprinklers, surveillance cameras, and other fire life safety measures required by the State of Illinois, but not by the City of Chicago.
The jury found no liability against the dentist.
Successfully settled a matter involving the wrongful death of two plaintiffs who were shot and killed at a well-known Chicago area fried chicken chain when an unknown shooter chasing after a gang member open fired into the restaurant.
The jury found no liability against the oral surgeon.
Offered $200K at mediation and arbitrators found the client causally liable for $135K in damages.
Handled a matter involving allegations that the plaintiff was injured as a result of being criminally charge for the murder of her paramour.
The jury returned a verdict for $100K less than the plaintiff’s pre-trial demand.
The arbitrators found in our client’s favor and awarded attorney fees.
Successfully settled matter involving allegations of a minor being sexually groomed and assaulted by a running trainer employed by an international fitness center chain. Allegations revolved around failure to conduct a background check on the trainer who had a sexual assault conviction in another state 22 years prior to the alleged occurrences.
The suit involved the design of solar farms in New Jersey.
- Successfully Defended a Security Employer in a Nationwide Wage and Hour Class and Collective Actions
Peter Hansen successfully defended security industry employer in a nationwide wage and hour class and collective actions alleging violations of federal and Illinois and Wisconsin state wage and hour laws, including rounding, timecard manipulation, unpaid overtime, and travel time.
- Defended a Financial Holding Company Seeking to Recover Damages Due to Alleged Statutory Violations by its Subsidiary
SmithAmundsen defended a $50 billion, publicly traded financial holding company in suit seeking to recover $800 million in damages due to alleged statutory violations by its subsidiary.
Successfully settled matter involving allegations that plaintiff was sexually assaulted by a hotel bartender who made entry into her room after creating a duplicate room key without the front desk attendant’s knowledge.
Peter Hansen obtained summary judgment for manufacturing client in a lawsuit alleging wrongful termination in violation of public policy stemming from a workers’ compensation claim.
- Handled the Acquisition and Development of a 61-acre Tract of Ground as a Part of a Mixed-Use Development
SmithAmundsen’s real estate team handled the acquisition and development of a 61-acre tract of ground in St. Charles, Missouri, including obtaining all entitlements to permit the project.
Successfully settled matter involving claim of sex assault on a patient by therapist. The allegations centered on the defendant’s failure to have a policy in place prohibiting therapists from being alone with patients. Evidence revealed the relationship was consensual, but settlement resulted for minor cost of defense before suit was filed.
The project represented the first significant development in the Little Blue Valley, a major initiative for the City of Independence consisting of over 2,321 acres.
Prior to our engagement client was denied a conditional use permit by city’s Board of Aldermen and was subject to obligations to pay rent under a 5 year lease.
Through a small individual settlement achieved prior to responsive pleading, SmithAmundsen successfully defeated class allegations in suit against a subsidiary of a publicly traded international food manufacturer.
John Hayes obtained summary judgment, and defeated a cross-motion for summary judgment, in federal court on behalf of a state agency against an employee.
- Assumed the Lead on a Case that had Been Pending for Seven Years and Asserted Claims of Fraud and Breach of Fiduciary Duty
Danessa Watkins assumed the lead on a case that had been pending for seven years and asserted claims of fraud and breach of fiduciary duty, among others, against a condominium board.
John Hayes successfully defeated unfair labor practice charges, including bath faith bargaining, brought against a public employer.
SmithAmundsen successfully defended a news reporter against claims of false light, conspiracy and defamation for articles published in connection with a federal investigation into a physician’s unlawful prescribing of controlled substances.
Also Rezoned the Ground for Residential Development Containing 38 Homes Against Significant Public Opposition.
SmithAmundsen achieved a dismissal with prejudice on behalf of a member of a prominent, national professional association of physicians, who was sued for defamation after questioning the potentially unethical tactics of a nominee for president of the association.
Successfully settled matter involving a former orphanage that was turned into a care facility for wards of the state. Claims involved assault, improper restraints and civil rights violations.
John Hayes won a substantial verdict in Illinois state court for a developer who brought ideas, plans, and resources to the design and building of a mid-sized arena in Illinois, but was ultimately cut out of the deal by the municipality and a large corporate entity prior to completion.
- Successfully Negotiated Settlements with Eight Plaintiffs Alleging False Advertising and Endorsement Under the Lanham Act
After attaining dismissal of claims under Illinois’ Right to Privacy Act, SmithAmundsen successfully negotiated settlements with eight, geographically diverse plaintiffs alleging false advertising and endorsement under the Lanham Act against a local Chicago business.
Obtained approval for an additional 117 lots and different types of housing, and providing a source of funding for the city water system from the developer.
In commercial dispute between business owners asserting crossclaims of fraud and breach of fiduciary duty, SmithAmundsen negotiated a seven-figure asset purchase agreement and dissolution of the LLC.
- Obtained a Dismissal of a Case Alleging violations of the Racketeer Influenced and Corrupt Organizations Act
John Hayes obtained the dismissal of a case brought against a municipal employer and several individuals alleging violations of the Racketeer Influenced and Corrupt Organizations Act (RICO) for the discharge of several police officers, including the chief of police.
SmithAmundsen prepared a motion to dismiss a negligence claim filed against a Fortune 500company that owns and operates wireless and broadcast communications infrastructure across the globe.
John Hayes served as lead defense counsel in an ADEA wrongful discharge matter brought by a dental hygienist against her employer.
Following months of investigation and witness interviews, SmithAmundsen prepared a motion to bar an eight-figure wage loss claim as speculative.
John Hayes won summary judgment on behalf of an employer in an Americans with Disabilities Act (ADA) matter. The plaintiff claimed failure to accommodate and wrongful discharge due to his alleged disability.
SmithAmundsen represented a technology company supporting the management and security of public data in a lawsuit against a financial services company, filed pursuant to the Computer Fraud and Abuse Act.
- Successfully Defended Multiple Cases Against State Agency Brought by a Former Employee for Wrongful Discharge and Retaliation
John Hayes successfully defended multiple cases against a state agency brought by a former employee for wrongful discharge and retaliation in both federal and state courts.
SmithAmundsen successfully defended a news publication against intrusive subpoenas demanding reporters’ source information by filing comprehensive objections, which the court upheld.
- Represents Construction Clients in Defense of Petitions for Enforcement Administrative Subpoenas Under Prevailing Wage Act
SmithAmundsen represents construction clients (including in renewable energy) in the defense of petitions for the enforcement of administrative subpoenas under the Prevailing Wage Act brought by the Illinois Department of Labor in Illinois circuit courts.
- Obtained Summary Judgment in a Class Action Lawsuit Alleging an Insured Targeted Financially Trouble Customers and Extracted Fees for Worthless Services
Erica Stamper successfully received summary judgment from Indiana federal court. The matter, a class action lawsuit alleging that the insured, a debt adjustment services operation, targeted financially troubled customers and extracted fees for worthless services, did not fall within coverage for personal injury, accidental event, or advertising injury.
Defended insurance company client in a suit for bad faith refusal to settle a lawsuit (commercial contract litigation) that had resulted in an excess judgment against its policyholder in the amount of approximately $2.0 million. Our trial counsel successfully secured a verdict in favor of the client and against the injured party who had been brain damaged when the insurance policy holder was struck in the head with a beer bottle thrown by the policy holder.
- Defended the Interests of Temporary Staffing Agencies in a Case Brought by the Illinois Attorney General's Antitrust Division
SmithAmundsen defended the interests of temporary staffing agencies in a case brought by the Illinois Attorney General’s Antitrust Division alleging no-poaching and wage-fixing agreements in a supposed violation of the Illinois Antitrust Act.
Erica Stamper received summary judgment from an Indiana federal court which found no duty for her client, the insurer, to defend where the underlying complaint alleged wrongful death against a real estate company stemming from a breach of its obligation to properly list a home as a rental; the failure of which was not an “occurrence” nor a “personal and advertising injury”.
SmithAmundsen serves multiple ongoing relationships as ERISA counsel for Employee Stock Ownership Plans (ESOPs), including providing ongoing advice and counsel on plan compliance and fiduciary duties, as well as preparing plan documents and participant communications.
- Defended a Steel Fabricator in a Personal Injury Action Where the Plaintiff Fell from a Steel Beam at Some Height and was Rendered Quadriplegic
Defended a steel fabricator in a personal injury action where the plaintiff fell from a steel beam at some height and was rendered quadriplegic. We advised our client to settle for an amount that was nominal compared to the verdict.
- Acted as Counsel for a Developer in the Acquisition and Development of a 234-Lot Residential Subdivision
The client desired to withdraw from the New Urbanist development and develop the property as a conventional development.
- Obtained a Defense Verdict for a Hospital in an Emergency Department Case Involving Alleged Wrongful Death from Delay in Triage, Diagnosis and Treatment
SmithAmundsen obtained a defense verdict for a hospital in an emergency department case involving alleged wrongful death from a delay in triage, diagnosis, and treatment of a patient with a vertebral artery dissection and brain aneurysm.
SmithAmundsen represented an ESOP plan sponsor through multiple ESOP loan refinance transactions, including drafting and review of all loan documentation.
We defended our client against claims for negligence and strict products liability. After discovery and the use of expert witness opinion, we determined that the chain was not sold or manufactured by our client’s company and that the plaintiff may have misused the chain in carrying out his work. We filed a motion for summary judgment, and plaintiff elected to dismiss us.
SmithAmundsen’s real estate team represented a client who sought to create a New Urbanist design development upon ground leased for an 18-hole championship golf course.
Moses Suarez obtained a favorable defense settlement for hospital client in a catastrophic birth injury case in federal court involving OBGYN physicians employed by a Federally Qualified Health Center (FQHC).
SmithAmundsen represented the buyer in a stock purchase transaction involving the seller’s ESOP. The project involved the termination of the ESOP and the distribution of benefits to participants.
Our client, the manufacturer of the plexiglass window on the machine, was defended against claims for negligence and strict products liability. After considerable discovery and the retention of an expert witness, we were able to convince plaintiff’s counsel to voluntarily dismiss our client.
The bond financing was necessary to finance significant off-site improvements, including a major sanitary sewer line, for which conventional financing was not available.
- Successfully Represented a Primary Care Physician Before the Various Illinois Disciplinary Boards of the Illinois Department of Financial and Professional Regulation
Moses Suarez represented healthcare providers before the Illinois various disciplinary boards of the Illinois Department of Financial and Professional Regulation (IDFPR). He successfully defended a primary care physician alleged to have failed to order follow-up chest x-ray after a hospital admission for diagnosis and treatment of pneumonia.
- Obtained Summary Judgment in a Wrongful Death and Survival Action on Behalf of Premises Owners After a Five Year Old Boy Drowned in the Defendants’ Pool
SmithAmundsen obtained summary judgment on behalf of premises owners for a wrongful death and survival action filed against them by the mother of a five-year-old boy who drowned in the defendants’ backyard pool.
- Secured Approval of Helipad After Hearings With Illinois Department of Transportation (IDOT) and Lawsuit in Cook County
The Illinois Department of Transportation (IDOT) approved the operation of a life-saving helipad atop the Ann and Robert H. Lurie Children's Hospital, Children’s Memorial Hospital’s new facility, after Alan Farkas was retained to advise and guide the hospital in its efforts to obtain approval to operate the helipad at its new facility.
The refinancing allowed the client to significantly reduce operating costs and as a part of the refinancing certain minority interests in the enterprise were acquired.
- Secured Settlement in Complex Case Involving Oil Refinery Processing and Financial and Consequential Damages Forensics
In this case, the plaintiff claimed that our client, an embedded mechanical contractor, defectively constructed cooling water process piping, causing water hammer and emergency shutdown of the plaintiff’s facility, allegedly resulting on $30,000,000 in damages. Complex issues involved oil refinery processing and financial and consequential damages forensics. This matter reached a confidential settlement.
SmithAmundsen managed successive campaigns to avert unionization of warehouse employees of food manufacturer, where the union filed representation petitions three times over a five-year period.
Our attorneys successfully avoided costly litigation for a national construction company in a case involving the allegedly defective design and construction of the expansive parking lot at the Dollar Tree distribution facility, allegedly requiring excavation and reconstruction of the entire lot, at an immense cost.
- Negotiated a Successor CBA for a Client Procuring Economic Increases under the Client's Budgeted Target
SmithAmundsen negotiated a successor CBA for a client, procuring economic increases under the client’s budgeted target, and all non-economic changes client wanted. We also secured the union’s agreement to a 5-year contract, per the client’s pre-negotiation objectives.
- Obtained Summary Judgment to Bar Family Expense Act Medical Bills on the Basis the Claim was Time Barred by the Statute of Limitation
SmithAmundsen obtained summary judgment to bar Family Expense Act (FEA) medical bills on the basis the claim was time barred by the statute of limitation while defending a youth care organization in a case where a minor fractured her femur during an attempted elopement.
SmithAmundsen won summary judgment on behalf of an off-duty police officer for wrongful death and survival claims filed against her after a fellow off-duty officer took her own life with the defendant’s gun on the defendant’s premises.
The plaintiff, a bar/restaurant, filed suit against our client, a sign and awning contractor, seeking damages in excess of $450,000 for lost profits and expected costs to remove and replace a non-permitted and, allegedly, defective beer garden and awning structure constructed by the client on the plaintiff’s property.
SmithAmundsen managed a Louis auto dealer’s campaign in the face of a union petition to organize its service mechanics. We managed all employee education and communications efforts and the creation of campaign literature. The mechanics voted against unionization in a hard-fought campaign.
- Defended a Physician Group and Practitioners in Alleged Failure to Monitor and Manage Outpatient Coumadin Therapy
SmithAmundsen defended a physician group and practitioners in a case involving alleged failure to monitor and manage outpatient Coumadin therapy resulting in brain hemorrhage and death.
SmithAmundsen handled negotiations for an initial CBA for an industrial manufacturer, after parties were unable to agree to terms for over a year, resulting in disaffected employees presenting the company with a petition for removal of the union. The company was able to successfully withdraw recognition from the union.
Defended a physician and medical group alleged to have negligently prescribed Trazodone for sleep, which allegedly caused a patient to develop episodes of priapism, permanent damage, and required surgery.
SmithAmundsen obtained dismissal with prejudice in a defamation action against a journalist which was filed by the leader of a global church.
- Successfully Filed Numerous Unfair Labor Practice Charges Against Unions Unlawful Picketing Activities at Construction Sites
SmithAmundsen has successfully filed numerous unfair labor practice charges against unions unlawful picketing activities at construction sites. This resulted in the removal of the unlawful picketing and cessation of other unlawful union tactics, in order for work by all contractors on the project to continue unabated.
SmithAmundsen secured dismissal with prejudice on jurisdictional grounds of defamation action against an out-of-state attorney.
SmithAmundsen represented a chemical manufacturer in a matter involving the discharge of a union-represented employee.
- Defended a Dental Practice and Support Organization Against Claims of Age Discrimination and Unlawful Practices
SmithAmundsen defended a dental practice and dental support organization against claims of alleged age discrimination and unlawful compensation practices brought by three former dentists in a federal lawsuit.
- Represents a Large Multi-National Bank in the Documentation, Review and Negotiation of Business and Commercial Real Estate Loans
SmithAmundsen represents a large multi-national bank in the documentation, review and negotiation of business and commercial real estate loans.
SmithAmundsen defended a civil engineering firm against a qui tam False Claims Act suit based on allegations that the client improperly invoiced the State of Illinois for work the client performed. The court granted our motion to dismiss based on the pleadings.
SmithAmundsen serves as counsel to an amateur sports organization and its establishment of a scholarship program based on academic and needs based qualifications of its participants.
- Obtained Summary Judgment in Favor of a Parking Lot Owner and Construction Contractor After Allegations that a Negligent Design and the Direction of Traffic During Construction Caused a Car Accident
SmithAmundsen obtained summary judgment in favor of a parking lot owner and construction contractor after an accident occurred in the parking lot that involved a car and a pedestrian.
SmithAmundsen defended a client in the adhesive and fastener industry against claims by a former employee that her termination was the result of alleged age discrimination.
SmithAmundsen served as counsel to an individual in the sale of his biotech company. Our representation began to efficiently structure the transaction from a tax perspective and has evolved to include annual tax filings and planning to reduce the overall tax to the estate.
- Obtained Summary Judgment in Favor of a Premises Owner Whose Daughter Allegedly Assaulted the Plaintiff
SmithAmundsen obtained summary judgment in favor of the premises owner whose daughter’s guests allegedly assaulted the adult plaintiff.
Our labor team was retained to defend our client, a large family-owned automotive group, against an attempt to organize the auto maintenance employees at the company’s Hyundai dealership in Hazelwood, Missouri.
- Defended a Construction Industry Client Against Claims by Union Benefit Funds that Claims the Client was the Purported Successor of a Prior Business Entity and Owed the Funds More than $1 Million
SmithAmundsen defended a construction industry client against claims by union benefit funds that alleged the client was the purported successor of a prior business entity and therefore owed the funds more than $1 million.
SmithAmundsen served as trustee to an estate where the decedent did not have any direct descendants.
SmithAmundsen obtained dismissal of all Consumer Fraud and Deceptive Business Practices Act claims.
- Serves as Outside Counsel to a Fuel Systems Company in Various Acquisitions of Vertically Integrated and Complimentary Companies
SmithAmundsen serves as outside counsel to a fuel systems company in various acquisitions of vertically integrated and complimentary companies.
- Obtained Zero Liability Judgment Following a Mandatory Arbitration Proceeding in a Case Involving a Tree Falling from the Client’s Property onto a Roadway
SmithAmundsen obtained zero liability judgment following a mandatory arbitration proceeding in a case involving a tree falling from the client’s property onto roadway injuring the driver of a vehicle.
- Defended an Engineering and Manufacturing Industry Client Accused of Terminating an Employee Because of Her Race
SmithAmundsen defended an engineering and manufacturing industry client against a federal lawsuit brought by a former employee who alleged she was terminated because of her race.
SmithAmundsen represented an Italian manufacturer with worldwide operations in its acquisition of a US competitor with a common major customer.
- Obtained Zero Liability Judgment Following a Mandatory Arbitration Proceeding in a Slip and Fall Case
SmithAmundsen obtained zero liability judgment following a mandatory arbitration proceeding in a case involving a plaintiff’s slip and fall in the client’s parking lot.
SmithAmundsen obtained a favorable settlement at pretrial on behalf of a hospital in a medical malpractice case. The case involved allegations that a laparoscopic fundoplication and hiatal hernia repair surgery was negligently performed. We developed a strong defense as to apparent agency claims involving the co-defendant general surgeon.
SmithAmundsen defended a staffing agency client against allegations claims of a same-sex hostile work environment and retaliation claims brought by a plaintiff-employee who claimed that a co-worker exposed the plaintiff to hostility because the co-worker allegedly wanted a relationship with the plaintiff’s significant other.
SmithAmundsen counseled a nonprofit corporation when it decided to move from Louisiana to Wisconsin.
- Secured Summary Judgment on Behalf of a Landlord After the Plaintiff Slipped on Stairway Carpeting Installed by the Landlord
SmithAmundsen secured summary judgment on behalf of a premises owner/landlord for a fall sustained by the tenant’s boyfriend after slipping on stairway carpeting installed by the landlord.
SmithAmundsen represented a hospital system alleged to have been responsible for the actions of a non-employed physician who is alleged of failing to timely diagnose a patient’s cancer.
- Defended a Nonprofit Entity Against Claims of Retaliatory Discharge Brought by a Former Employee in a Federal Lawsuit
SmithAmundsen defended a nonprofit entity against claims of retaliatory discharge brought by a former employee in a federal lawsuit. The court granted our client’s motion to dismiss the claims —and the Seventh Circuit affirmed the dismissal.
SmithAmundsen successfully opposed trademarks of a client’s competitor which were confusingly similar to the client’s marks and otherwise infringing client’s rights.
SmithAmundsen represented an on-call physician who was sued for allegedly failing to diagnose a cardiac condition, leading to a patient’s death.
SmithAmundsen represented a concrete manufacturer in a dispute over whether equipment the client purchased became the property of the client’s landlord once the equipment was placed on the landlord’s site.
- Obtained Summary Judgment in Favor of a Not-For-Profit Organization and Officers in Connection with a Motor Vehicle Accident Involving the Organization’s Bus
SmithAmundsen obtained summary judgment in favor of a not-for-profit organization and officers in connection with a motor vehicle accident that occurred involving an organization’s bus.
- Represented a Nurse Practitioner in an Action Involving the Alleged Failure to Prevent a Patient’s Death at a Long Term Care Facility
SmithAmundsen represented a nurse practitioner in an action involving the alleged failure to prevent a patient’s dehydration and death at a long term care facility. Although the co-defendant long term care facility settled on the eve of trial, we argued multiple successful motions in limine and were able to get the nurse practitioner voluntarily dismissed prior to jury selection.
SmithAmundsen represented a healthcare industry client against claims brought by a former employee in a federal lawsuit alleging that he suffered a hostile work environment due to sexual harassment and retaliation.
Mark Middendorff represents clients facing wide-ranging allegations of liability. He successfully tried a case in which his client was wrongly accused of causing significant damage to a home during a renovation.
- Represented a Hospital System Alleged of Negligently Administering a Tube Feeding to which the Patient was Known to be Allergic
SmithAmundsen represented a hospital system alleged of negligently administering a tube feeding to which the patient was known to be allergic, resulting in the patient’s death. During the course of discovery, our experts proved that the tube feed product did not have time to reach the patient’s stomach prior to the allegedly fatal allergic reaction.
- Defended a Police Department and Municipality Against Executive Force, Forcible Entry and A Search and Seizure Charge
SmithAmundsen successfully defended a police department and municipality against an executive force, forcible entry, and a search and seizure charge. We were granted a motion for summary judgment on all counts.
SmithAmundsen's client was dismissed from the case after working with experts to show the product in question did not cause the fire.
SmithAmundsen defended a hospital and an individually named nurse in a medical negligence action which also named a non-employed physician.
SmithAmundsen won summary judgment in an alter ego case against a carpenters union. The case allowed the company to continue to have a separate non-union entity and is the standard bearer for how to win an alter ego case.
- Successfully Defended a Client Who was Wrongfully Accused of Contributing to the Injuries of a Passenger in a Vehicle Collision
Mark also successfully defended a client who was wrongly accused of contributing to the injuries of a passenger in a four-car motor vehicle collision.
SmithAmundsen defended a school nurse before the Department of Human Rights, the Department of Children and Family Services, and the Department of Professional Regulation regarding an alleged failure to provide medical care. We achieved a successful unfounding of allegations from all involved agencies.
SmithAmundsen successfully defended a distributor facing potential punitive damages.
The representations include regularly obtaining favorable outcomes at trial, in mediations and via dispositive motions.
SmithAmundsen defended actions of staff at a long term care facility. We achieved the successful dismissal of three named defendant nurses on summary judgment. At trial, not guilty as to one count and a jury award which was <15% of the pretrial demand for settlement.
- Defended a College Against an Employee's Discrimination and Retaliation Claim in Illinois Federal Court
SmithAmundsen defended a college against an employee’s discrimination and retaliation claim in Illinois federal court.
SmithAmundsen secured an advantageous settlement after interviewing witnesses and store employees.
- Represented Clients in New Retail Cannabis Licenses in Illinois When Adult Use Recreational Cannabis Became Legal
SmithAmundsen represented clients applying for new retail licenses in Illinois when adult use recreational cannabis became legal. We assisted clients with regulatory and compliance issues, paired them with security and point of sale / inventory partners, counseled them on how to maximize their chances of earning a license, and assisted them in preparation of their applications. The clients all earned the maximum possible points based on their position, location, staffing, and organizational makeup.
- Defended a Municipality Against Retirees Claims of Breach of Contract and Violations of the Illinois Insurance Code, U.S. Constitution Equal Protection Clause and the Illinois Constitution Pension Protection Clause
SmithAmundsen defended municipality against retirees claims of breach of contract and violations of the Illinois Insurance Code, U.S. Constitution Equal Protection clause, and Illinois Constitution Pension Protection clause relating to its health insurance for retirees.
SmithAmundsen successfully defended a national restaurant franchisor in a discrimination lawsuit after the plaintiff alleged that the franchise location he was operating was treated differently and that he was denied the opportunity to expand to his preferred locations because of his race. After a three week trial, the jury returned a not guilty verdict after deliberating for only 40 minutes.
SmithAmundsen defended restaurant against delivery drivers’ claims of misclassification and unpaid overtime, wages and expenses under the Illinois Wage Payment and Collection Act (IWPCA).
Prosecuted over $5 million commercial property tax refund through the Missouri State Tax Commission for Gaming Company involving $600 million casino development.
SmithAmundsen successfully defended an insurance company in an underinsured motorist lawsuit, where the plaintiff asked the jury for $3.9 million. The plaintiff had prior traumatic injuries, pre-existing conditions, and was in a severe accident subsequent to the auto accident. After a ten day trial, the jury awarded $180,000 to the plaintiff, which was approximately half the cost of her past medical bills. The amount awarded by the jury was subject to a $100,000 setoff, reducing the plaintiff’s award to approximately $80,000.
SmithAmundsen defended a wholesaler and distributor before the United States Court of Appeals for the Seventh Circuit.
SmithAmundsen earned a defense verdict in a four-day retrial of a gender discrimination case where the plaintiff alleged she was passed up for a promotion at a large shipping company because of her gender.
SmithAmundsen defended restaurant against chef’s claims of misclassification and unpaid overtime, wages and expenses under the Illinois Minimum Wage Law (IMWL) and Illinois Wage Payment and Collection Act (IWPCA) in Illinois state court.
- Prosecuted Individual Shareholder’s Breach of Fiduciary Duty and Minority Oppression Claims to Judgment
Prosecuted individual shareholder’s breach of fiduciary duty and minority oppression claims to judgment, against majority owner’s for promotion of employee purchases of company stock and then ignoring minority interests and failure to pay dividends while engaging in transactions to benefit majority.
- Defended a Logistics Company Against Owner-operator Claims of Misclassification, Unpaid Wages and Unlawful Deduction
SmithAmundsen defended logistics company/motor carrier against an owner-operator’s claim of misclassification, unpaid wages and unlawful deduction in Illinois Department of Labor complaint.
Prosecuted multiple claims and cross claims on behalf of Developer in disputes involving 243 lot residential subdivision with $8.2 Million Neighborhood Improvement District financing, including disputes regarding collateral and control of development.
SmithAmundsen obtained summary judgment in favor of a commuter rail.
Prosecuted $1.6 million broker liability (breach of fiduciary duty claim) for retirees who entrusted retirement savings to financial advisor who had been a family friend who invested contrary to representations to client and SEC.
- Successfully Dismissed a Case after an Individual Accused a Corporate Executive of Rear-ending Him on a Business Trip
An organization was sued by an individual claiming he was rear-ended by a client’s corporate executive while on a business trip. The executive denied making any contact with the plaintiff, who was claiming significant spinal injuries. After conducting an in depth investigation into the plaintiff, it was discovered that he was playing in a semi-pro basketball league, despite his claims of debilitating injuries. Surveillance was conducted and we obtained footage of the plaintiff playing basketball. The footage was provided to opposing counsel and the case was dismissed.
SmithAmundsen represented manufacturer in obtaining an order of protection for against a former employee and related individuals involved in physical altercation at the manufacturer’s facility parking lot to protect its current employees from workplace violence. Successfully obtained order of protections for client.
Defended a developer in a declaratory judgment action regarding control of a condominium association and development rights.
SmithAmundsen represented an insured driver in an automobile accident case, where the defendant was alleged to have been negligent during a lane change.
SmithAmundsen obtained dismissal by way of dispositive motion on behalf of a precast panel contractor.
Defended Majority Business Owner against claims in excess of $2 million by family members who owned minority interest claiming breach of fiduciary duty.
- Defended a Homecare and Hospice Company in Wisconsin Against a Class Action Lawsuit Claim for Unpaid Wages
SmithAmundsen defended a homecare and hospice company in Wisconsin against a class action lawsuit claim for unpaid wages and unpaid overtime under the Fair Labor Standards Act and the Wisconsin Wage Payment and Collection Laws.
Obtained $450,000 pre-judgment attachment on behalf of fuel distributor against customer who attempted to simultaneously obtain fuel deliveries and cancel distribution contract and diverted ACH payments.
- Represented a National Janitorial Service Provider in a Personal Injury Suit Involving Water Infiltration at a Suburban Office Building
SmithAmundsen represented a national janitorial service provider in a personal injury suit involving water infiltration at a suburban office building.
Prosecuted and Defended Energy Company in competing $1.2 million claims against contractor involving development of three Convenience / Fuel stores, including Bankruptcy litigation and AAA arbitration.
SmithAmundsen represented a property owner in a premises liability and landlord / tenant action and earned a dismissal of 7 of a plaintiff's 8 causes of action pre-trial. The tenant plaintiff sought damages over $1M, and SmithAmundsen took the remaining count to trial and earned a not-guilty verdict from the jury.
SmithAmundsen successfully established a new business plan and labor and employment compliance for expanding a multidisciplinary therapy group.
Defended and prosecuted claims regarding $12 Million commercial real estate sale, including obtaining preliminary injunction.
SmithAmundsen represented a nightclub after a plaintiff patron injured her knee while drinking and dancing. We positioned the case for summary judgment with multiple premises liability and comparative fault arguments and the dispositive motion was granted.
SmithAmundsen successfully defended a construction company against a catastrophically injured plaintiff.
- Served as Counsel for a Metal Fabricating Company Securing Favorable Terms Related to Immigration Services
Sara Zorich served as counsel for a metal fabricating company securing favorable terms related to a U.S. Citizenship and Immigration Services, Homeland Security Investigations Form I-9 Audit.
Represented Purchaser in acquisition and development of a construction entity along the Mississippi River, including $2,500,000 business acquisition, separate $1.5 fleet acquisition, and separate $2,000,000 real estate purchase.
SmithAmundsen serves as primary outside trademark counsel to a leading worldwide manufacturer and supplier of industrial automation and building maintenance software and hardware solutions.
SmithAmundsen served as immigration, and labor and employment counsel for a global technology company though their merger and acquisition.
Represented Seller in separate transactions for the sale of a motorcycle dealership, including $4,000,000 business sale and a separate $2,800,000 real estate sale transaction
- Motion to Dismiss Granted in Case Alleging Fees for Copies of Deposition Transcripts Were in Violation of Illinois Consumer Protection Act
The trial court granted the motion to dismiss the complaint filed by SmithAmundsen mass tort/class action attorneys. The court held that Local Rule 54.1 did not apply and that the prices charged were not oppressive or unconscionable. The lawsuit settled shortly thereafter on favorable terms.
SmithAmundsen obtained dismissal by way of dispositive motion on behalf of a millwork contractor.
- Represented a Fuel and Convenience Store Corporation in Multiple Acquisitions and Development Transactions
Represented a fuel and convenience store corporation in multiple acquisitions and development transactions in addition of more than 20 new locations in the Midwest.
SmithAmundsen successfully cancelled an infringing trademark registration at the U.S. Patent and Trademark Office for the manufacturer and worldwide distributor of a pet supply product, and managed the subsequent worldwide registration of the same mark for the client.
- Obtained Summary Judgment on Behalf of a Leading Transportation Service in a National Class Action Based on Allegations of the Fair Credit Reporting Act
SmithAmundsen obtained summary judgment on behalf of one of the nation’s leading transportation service providers in a putative, national class action based upon allegations of violations of the Fair Credit Reporting Act.
- Developed an Integrated Structure for a Growing Financial Services Company to Conform Ownership Structure with SEC and IRS Regulations
Developed an integrated structure for a growing financial services company to conform ownership structure with SEC and IRS regulations involving registered investment advisors, agents, and independent contractors.
- Conducted Due Diligence and the Preparation of all Documents to Complete the Transfer of a Domain Name
SmithAmundsen conducted due diligence and the preparation of all documents to complete the transfer of a domain name for a banking client.
- Obtained a Defense Verdict in Favor of a Small Company its Corporate Representative Accused of Violating the Telephone Consumer Protection Act
SmithAmundsen obtained a defense verdict in favor of a small company and its corporate representative in a trial where the plaintiff claimed violations of the Telephone Consumer Protection Act based upon alleged unsolicited advertising.
SmithAmundsen obtained a dismissal with prejudice of a case, on the first day of an expected two week trial, based upon the theory that the damages sought were not compensable under Illinois law and won the issue on appeal, which presented an issue of first impression regarding a loss of the enjoyment of one’s property.
- Won a Motion for Summary Judgment in a Telephone Consumer Protection Act Case in a Federal Court in Florida
SmithAmundsen won a motion for partial summary judgment in a Telephone Consumer Protection Act case in federal court in Florida by demonstrating a lack of authority for over two-thirds of the advertisements at issue, thereby reducing potential class recovery by over $2 million
SmithAmundsen serves as primary outside counsel to a real estate brokerage and management company for trademark, copyright, brand management, marketing, privacy and other related matters.
SmithAmundsen has successfully prosecuted and obtained 3-D product configuration trademark registrations in the United States on behalf of a Belgium furniture manufacturer.
SmithAmundsen successfully defeated class certification in two landlord-tenant class actions in Chicago based, in part, on evidence marshaled to demonstrate individual defenses to the named plaintiffs’ claims.
SmithAmundsen achieved a significant victory from the Seventh Circuit vacating class certification. In the opinion, written by Judge Posner, the Seventh Circuit raised the bar that class counsel must clear in order to satisfy the adequacy prong for class certification.
We represented a woman after her boyfriend became jealous and sexually aggressive. He stole explicit photos of her and private texts from her phone and posted the images on a website he created. He also created imposter email addresses and Instagram accounts to broadcast this content to 800 people, including our client’s friends and family. He sent those same explicit images of our client to our client’s father.
SmithAmundsen successfully defended a masonry contractor in a construction injury case where the plaintiff allegedly incurred damages of more than $600,000.
SmithAmundsen successfully defended a company and its representative in a cyber-stalking claim, where the petitioner was seeking injunctive relief that would have had a significant impact on the entity’s business continuity.
SmithAmundsen counseled a national logistics and storage company through over 50 inspections.
- $7.6 Million Dollar Verdict for a Chicago Executive after an Ex-Girlfriend Shared Explicit Images on Social Media
We filed a seven-count civil complaint against the ex-girlfriend of a Chicago executive asserting claims of Defamation Per Se, False Light Invasion of Privacy, Public Disclosure of Private Facts, Tortious Interference with Business Expectancy, Vandalism/Damage to Property, and Intentional and Negligent Infliction of Emotional Distress.
- Secured Dismissal of a Class Action Lawsuit Based Upon Claims Against a Private Medicaid Administrator
SmithAmundsen secured dismissal of a class action lawsuit based upon claims against a private Medicaid administrator wherein the plaintiff claimed that a class of people were denied insurance coverage for requested treatment, which constituted due process violation, failure to comply with requirements of the Medicaid statute, and discrimination under the Americans with Disabilities Act.
SmithAmundsen counseled a multi-state food processing company through over 20 inspections.
- Successfully Helped a Construction Company and its Employee Avoid the Risk of Paying Punitive Damages in a Wrongful Death Case
SmithAmundsen successfully helped a construction company and its employee avoid the risk of paying punitive damages in a wrongful death case by winning on motions to dismiss the plaintiff’s willful and wanton claims, which was alleged by the plaintiff in the complaint and the subsequent amended complaints.
SmithAmundsen assisted an accounting firm that suffered a data breach orchestrated by overseas hackers that resulted in fraudulent tax returns being filed.
Obtained summary judgment in favor of our client, an office superstore, dismissing all of the plaintiff’s claims with prejudice in a personal injury matter which we removed to the Southern District of Illinois.
- Coordinated the Response when a Small Company Suffered a Data Incident After an Employee’s Laptop was Stolen
SmithAmundsen coordinated the response when a small company suffered a data incident after an employee’s laptop was stolen and never recovered.
SmithAmundsen represents a large, privately held construction and leasing company with its fourth generation of family employees.
Obtained dismissal of original complaint, amended complaint, and second amended complaint on behalf of a life insurance agent in a professional liability lawsuit pending in McHenry County which alleged breach of contract, negligence, and breach of fiduciary duty.
SmithAmundsen assisted a multi-national company in responding to three, separate data incidents, including use of an unencrypted thumb-drive, potential exposure of sensitive data and the errant storage of a back-up server where unauthorized individuals may have gained access.
SmithAmundsen counseled a regional bridge painting company through over 20 inspections.
Successfully defended our client against declaratory judgment, breach of contract, and specific performance claims in a commercial real estate matter.
SmithAmundsen coordinated with the first-responders as to a ransomware attack from overseas, including a review of the forensic examination, assessment of any actual exfiltration of data, and analysis of various states’ requirements on notification based upon the data and expert review of the data.
SmithAmundsen represented the beneficiaries of a trust in a dispute against the trustee. The trustee was not providing required statutory documents, was opaque, and would not commit to a distribution of the trust assets.
SmithAmundsen obtained a ruling in favor of our client, an industrial dairy farm in Wisconsin, denying a Motion for Preliminary Injunction filed by the plaintiff.
- Advised an Insurance Provider on Compliance with New York’s Cybersecurity Regulations and Other States Enacting Similar Regulations
SmithAmundsen advised an insurance provider, with a national reach, on compliance with New York’s Cybersecurity Regulations and other states enacting similar regulations and laws geared toward insurance carriers based upon the Model Law.
SmithAmundsen counseled a regional carpentry contractor through over ten inspections.
SmithAmundsen represented a restaurant owner in a shareholder dispute where the restaurant was facing an imminent risk of losing its liquor license upon which the restaurant relied to survive, due to other shareholder’s criminal activities unrelated to the restaurant business.
- Advising a Multinational Company on a Response and Potential Remedies for a Hacker Bounty Engagement by a Business Partner
SmithAmundsen is advising a multi-national company on response and potential remedies for a hacker bounty engagement by a business partner that affects the client’s maintenance and operation of its domain and overall cybersecurity protections.
SmithAmundsen counseled many general contractors through inspections and citations stemming from the “Multi-Employer Policy”.
SmithAmundsen handled the motion to vacate a default judgment against an Indiana LLC that had been entered by the Northern District Court of Illinois over a year prior to the firm being engaged.
SmithAmundsen, pursuant to motion, successfully vacated a $500,000 plus default judgment entered for more than one year and half against a healthcare company in federal court.
SmithAmundsen counseled a large industrial facility where a worker was fatally struck in the head by a load of steel.
Represented lawyers and their law firm before multiple jurisdictions, and corresponding bankruptcy court proceedings. At issue was the attorneys’ involvement as a director/officer of the company and the firm’s capacity as outside counsel prior to the company’s bankruptcy.
- Successfully Defended Claims of Copyright Infringement, Property Theft, and Breach of Contract Among Others After a Failed Merger Between Two Companies
SmithAmundsen successfully defended copyright infringement, theft of property, misappropriation of confidential information, breach of contract, tortious interference, violation of Computer Fraud and Abuse Act (CFAA), Stored Communication Act, and civil conspiracy claims arising from a failed merger between two businesses.
SmithAmundsen counseled a cable manufacturing facility when an employee became fatally entangled in a cable spooler.
SmithAmundsen defended a company in the cryptocurrency industry that was sued by its former business advisors for breach of contract, unjust enrichment/quantum meruit, intentional interference with prospective economic relations, alter ego, fraudulent transfer of investment funds in Bitcoin, and breach of covenant of good faith and fair dealing.
- Defended a Large Chemical Company Against Breach of Licensing Agreement, Breach of Fiduciary Duty, Promissory Fraud and Tortious Interference Claims
SmithAmundsen defended a large chemical company against breach of licensing agreement, breach of fiduciary duty, promissory fraud, and tortious interference claims. We specifically dealt with claims that the defendant company did not use commercially reasonable efforts to develop an unproven/untested technology.
SmithAmundsen serves as outside counsel to a subscription-led and digitally focused media and marketing solutions company with a portfolio of local media outlets across the country and overseas.
SmithAmundsen represented out-of-state clients in judgment debt collection cases and successfully helped the clients enforce the judgment that they obtained in lawsuits filed in jurisdictions outside of Illinois, but were seeking to enforce such judgments against the defendants in the State of Illinois.
- Represented a General Contractor in a Multi-million Dollar Dispute Regarding Design and Construction of an Apartment Complex
SmithAmundsen represented a general contractor in a multi-million dollar dispute regarding the design and construction of an apartment complex.
SmithAmundsen’s Entertainment Media & Technology practice group regularly defends public figures, including politicians, celebrities, and local public officials, as well as private individuals and businesses in litigation matters that threaten to infringe on First Amendment rights to free speech.
Obtained a not guilty verdict in favor of our client on the issue of agency involving a volunteer/independent contractor.
SmithAmundsen counsel defended a construction company against a wrongful death claim that involved OSHA citations and was able to obtain a favorable settlement for the client after uncovering evidence that the client had been blamed for the actions of another contractor and that the decedent had acted negligently.
SmithAmundsen counseled a manufacturing facility when a worker fatally suffocated inside a silo filled with sand and gravel.
Obtained a ruling in favor of our client, a credit union, finding that no damages were owed to a third party provider.
James Maschhoff has defended accounting firms against malpractice claims. His work in one large case helped lead to a grant of summary judgment in favor of the accounting firm.
Before Macon County Circuit Court, a business owner filed a lawsuit against our client, a business competitor of the plaintiff. The sprawling lawsuit alleged Defamation based on fifteen separate publications by our client, Tortious Interference with Business Expectancy, and Deceptive Business Practices pursuant to Illinois’ Consumer Fraud Act and Uniform Deceptive Trade Practices Act.
The plaintiff, a carpenter, sustained a severe brain injury. The owner, general contractor, sub-contractor, architect and structural engineer were all sued. After lengthy discovery as to liability and damages and the retention of experts and performance of IMEs, the case was settled.
SmithAmundsen counseled a concrete manufacturing facility when a career-ending injury to a worker’s back as he was knocked off of a trailer by a crane-load of concrete.
Granted summary judgment in defending our client in Telephone Consumer Protection Act claims.
- Obtained Favorable Settlements for a Group of Distributors When a Large Manufacturer Wanted to Take Over the Distributors' Sales Territories
SmithAmundsen counsel obtained favorable settlements for a group of distributors after winning a summary judgment motion filed by a large manufacturer that wanted to take over the distributors’ sales territories.
SmithAmundsen defended as well as prosecuted counterclaims on behalf of a 50 percent owner of a Limited Liability Company in a dispute against his business partner. The litigation involved derivative actions on behalf of the company and crossclaims for Breach of Contract, Fraud, Breach of Fiduciary Duty, Conversion, Unjust Enrichment, and Dissociation and Dissolution under Illinois’ LLC Act.
- Defended an Industrial Chemicals Manufacturer and Sales Representative in a Suit Brought by a Former Employer
SmithAmundsen defended an industrial chemicals manufacturer and sales representative in a suit brought by the sales representative’s former employer, a competing industrial chemicals manufacturer.
- Represented the Parent Company of a Factory in a Personal Injury Case After an Employee was Hurt During an Industrial Accident
SmithAmundsen represented the parent company of a factory in a personal injury case where an employee was hurt in an industrial incident.
SmithAmundsen counseled an underground construction client when an OSHA inspection resulted in multiple repeat violations with fines in the six figure range.
- Successfully Obtained a Denial of Motion for Class Certification in a Contentious Wage and Hour Class Action Lawsuit for Major Health Care Group
SmithAmundsen successfully obtained a denial of motion for class certification in a contentious wage and hour class action lawsuit involving home healthcare workers.
Anne Fishbeck defended a limousine company and driver against a lawsuit related to a motor vehicle accident wherein the co-defendant driver struck the limousine in which the plaintiff was a passenger.
SmithAmundsen counseled a recycling client who received multiple repeat and serious citations with fines issued by OSHA.
SmithAmundsen was the lead negotiator in a key union contract negotiation for a national food processing company after a change in ownership.
- Defended a Charter Bus Company and Driver in a Lawsuit After the Plaintiff Lost Control of Her Vehicle and Hit the Bus
SmithAmundsen defended a charter bus company and driver against a lawsuit from a plaintiff who lost control of her vehicle and hit the bus being operated by the defendant driver. The plaintiff alleged that the bus driver was negligent in the operation of the bus and hit the plaintiff.
SmithAmundsen counseled a food processing facility when an OSHA inspection revealed our client’s failure to adhere to guarding and lockout/tagout standards.
- Obtained Summary Judgment Dismissal for Manufacturer on Racial Bias Claims under Title VII and Section 1981
SmithAmundsen obtained summary judgment dismissal on racial bias claims pursued against a manufacturer under Title VII and Section 1981 in the immediate wake of the 7th Circuit’s Ortiz
- Defended a Motor Carrier and Driver Against After an Accident Where the Defendant Rear-Ended the Plaintiff
SmithAmundsen defended a motor carrier and driver against a lawsuit from a plaintiff, who was also a commercial motor vehicle driver that was rear-ended by the defendant driver.
The matter involved a plaintiff who sustained injuries while participating in a volunteer program at the premises.
SmithAmundsen successfully represented two separate franchise owners against union organizing petitions filed by a Chicago based Teamsters local union under the NLRB’s “Ambush Election” Rule, where the vote count initially appeared unanimously for the union.
- Defended a Motor Carrier and Driver Against Alleged Negligence, Negligent Hiring Retention and Negligent Entrustment
SmithAmundsen defended a motor carrier and driver against a lawsuit from a plaintiff, who was also a commercial motor vehicle driver that was rear-ended by the defendant. The plaintiff alleged negligence, negligent hiring retention, and negligent entrustment.
The resolution was obtained without incurring the need to engage in significant discovery.
SmithAmundsen successfully represented a concrete manufacturer against laborers' organizing petition of the company's "working foremen" upon demonstrating at the NLRB that the workers at issue met "supervisory" status under the NLRA; and, therefore, are exempt from being represented by a union.
More than $25 million dollars was demanded by the plaintiff, but the matter was ultimately settled in the low six figures.
The client is active in the area of electric motors, generators, and related control technologies.
SmithAmundsen handled an admitted liability case where the plaintiff claimed seven figures in damages and sought mid seven figures at trial.
SmithAmundsen assists with the filing and procurement of patent rights.
- Secured Judgment for a Regional Banking Client Accused of Terminating an Employee After She Applied for and Took VESSA Leave
SmithAmundsen secured judgment for a regional banking client accused of terminating an employee after she applied for and took leave allegedly due to domestic violence. After a multiple day evidentiary hearing at the Illinois Department of Labor, in the first contested case arising under Illinois' Victim's Economic Safety & Security Act (VESSA), it was determined that the leave was obtained under false pretenses and abused. The underlying decision was upheld by Illinois' appellate court (2ndDistrict).
We won summary judgment the manufacturer.
This work included full investigation of the matter to determine the extent of the breach and the types of information exposed.
There were more than 150 claims made, and the total payouts were in the five figures.
SmithAmundsen reviewed of applicable state and federal laws to determine notification and reporting requirements.
- Assisted a Client in the Formation of a Real Estate Private Equity Fund for the Purposes of Acquiring a Portfolio of Industrial Properties
Mike Van Someren assisted a client in the formation of a real estate private equity fund for the purposes of acquiring a portfolio of industrial properties.
SmithAmundsen represented a group of orthopedic surgeons in their defense of a lawsuit filed by a patient regarding a slip and fall incident in their parking lot.
SmithAmundsen analyzed of all applicable state and federal laws to determine notification and reporting obligations.
- Assisted the Owner of a Retail Shopping Center with a Commercial Mortgage Backed Securities Refinance
Mike Van Someren assisted the owner of a retail shopping center with a $10,000,000+ commercial mortgage backed securities refinance.
SmithAmundsen represented a young adult who was involved in a very serious motor vehicle accident involving aggravating circumstances pertaining to intoxication.
SmithAmundsen helped craft a response plan and best practices, moving forward, for the company.
- Assisted a Client with the Acquisition and Development of a Vacant Parcel into a $20,000,000 Senior Housing Facility
Mike Van Someren assisted a client with the acquisition and development of a vacant parcel into a $20,000,000 senior housing facility including raising of equity, structuring of investments, and negotiating of lender financing.
- Defended a Commercial Building Owner on a Subrogation Claim by a Tenant's Insurance Company Seeking Over $500,000 in Damages
SmithAmundsen defended a commercial building owner on a subrogation claim by a tenant’s insurance company seeking over $500,000 in damages to the tenant’s space.
This work consisted of creating a record retention program for multiple facilities across twelve states.
SmithAmundsen successfully defended a construction contractor under the Illinois Prevailing Wage Act where the carpenters union pursued a private lawsuit alleging that “shop work” should be included as prevailing wage work. Circuit court dismissed the matter and the appellate court (3rdDistrict) upheld the dismissal on appeal.
SmithAmundsen performed a forensic examination, with licensed analysts, into the breach.
- Represented a Direct Marketing Company in a $50 Million Cash-Out Merger and Sale to a Private-Equity Backed Competitor
SmithAmundsen 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.
- Successfully Defended a Medical Service Provider Against Wisconsin Consumer Act Claims in Wisconsin State Court
SmithAmundsen successfully defended a medical service provider against Wisconsin Consumer Act claims in Wisconsin state court against allegations that the provider misrepresented the nature of customer debt in correspondence.
Represented an architect employed by a general contractor in a matter where defendants included the general contractor and a number of subcontractors, including the architect, for damage due to mold in the condo which they purchased.
- Successfully Defended an Illinois Manufacturer Against the Illinois Biometric Information Privacy Act Claims
SmithAmundsen successfully defended an Illinois manufacturer against the Illinois Biometric Information Privacy Act claims, successfully moving to transfer the matter to the manufacturer’s home county.
A former employee alleged a reduction in force adversely impacted older employees at a large national bank.
After developing a significant factual basis for poor construction and very poor maintenance, SmithAmundsen was able to settle the case at mediation for significantly less than the policy limits.
SmithAmundsen developed a texting program for an insurance company, in compliance with state and national laws, for the launch of a new marketing campaign.
Charles Polk defended multiple clients as part of a multi-car accident on a major Wisconsin freeway.
In this successful professional liability matter, a construction company’s subcontractors sued the contractor for their fees. The client was looking at $58 million in exposure. In the end our client was ordered to pay less than $50,000.
- Obtained Jury Verdicts Exceeding $1 Million in Two Cases Brought by Noted Sculptors Whose Work was Copied
SmithAmundsen obtained jury verdicts exceeding $1M in two cases brought in federal court in California by noted sculptors whose work was copied and prominently displayed by a commercial real estate developer.
SmithAmundsen settled this case on behalf of our client for 6% of the original demand on the first day of trial, after the potential jurors were issued questionnaires, which was also the day of arguments as to motions in limine.
In a noted case, SmithAmundsen prevailed in a title dispute over Norman Rockwell’s Russian Schoolroom, resulting in the piece being returned to a good faith buyer who had purchased it at auction.
Defended a building owner against allegations of lead paint in a building. The trial lasted 2.5 weeks, and the jury was deadlocked on liability. The case settled for $220,000.
- Obtained a Complete Victory in a Jury Trial after a Trustee was Sued for Mismanagement of a Family Trust
SmithAmundsen represents litigants in trust disputes. In one instance, we obtained a complete victory in a jury trial in St. Louis County Circuit Court after a trustee was sued for mismanagement of a family trust.
Settled asbestos case for a de minimus amount on the day that oral argument was to be heard on the summary judgment motion.
- Obtained a Dismissal of all Claims Brought Against an Attorney Accused of Mishandling Complex Litigation
SmithAmundsen represents attorneys in legal malpractice claims. We obtained a dismissal of all claims brought against an attorney who was charged with having mishandled complex and lengthy litigation on behalf of his former clients.
- Defended a Large Hospital System as Well as a Cardiologist Accused of Failing to Diagnose a Heart Attack
Matthew Kees defended a large hospital system as well as a cardiologist against the plaintiff’s $4.5M claim alleging that they failed to diagnose an ongoing heart attack causing the plaintiff’s death. Following a 12 day jury trial involving numerous expert witnesses, the jury returned with a defense verdict and nothing was awarded.
SmithAmundsen represented an international collision repair business against claims of breach of contract in a week long JAMS arbitration.
The plaintiff was an installer who claimed that he developed mesothelioma due to exposures to asbestos. We obtained a dismissal of our premises defendant, and avoided our having to engage in expensive fact and expert discovery or filings.
SmithAmundsen represented a local health clinic in its Chapter 11 reorganization case in the Southern District of Illinois. We successfully litigated and negotiated a resolution to issues with the debtor’s largest and most recalcitrant creditor which allowed the clinic’s emergence from bankruptcy.
Matthew Kees represented a logging company in a lawsuit involving allegations of trespass that essentially put the company’s business activities on hold. After a weeklong trial, the trespass claim was dismissed and an easement over the property was established allowing the company to continue doing business as normal.
SmithAmundsen represented trustees in preference campaigns resulting in millions of dollars of recoveries for their various estates.
- Represented a Group of Unsecured Creditors Holding Nearly $1 Million of Unsecured Debt in a Single Asset real Estate Chapter 11
SmithAmundsen represented a group of unsecured creditors holding nearly $1 million of unsecured debt in a single asset real estate Chapter 11 case in the Middle District of Florida.
Represented a heating and air conditioning contractor which had been sued by plaintiffs after defendant’s defective system forced plaintiffs to leave their home due to mold that rendered the home uninhabitable for an extended period of time.
SmithAmundsen represented the Official Committee of Unsecured Creditors in the Chapter 11 reorganization case of a bank holding company.
- Successfully Represented a Client During a Department of Labor Audit of it's 4039b) Contribution Plan
SmithAmundsen successfully represented a client during a Department of Labor audit of its 403(b) defined contribution plan.
Matthew Kees secured an order of summary judgment on behalf of a real estate developer in a contractual dispute over the enforceability of an offer to purchase. The court granted his client for summary judgment in its entirety, dismissing all counterclaims and found the offer to purchase fully enforceable in all respects.
- Designed, Drafted and Implemented a Nonqualified Deferred Compensation Plan for Executives of a Tax-Exempt Entity in Compliance with Code Section 457
SmithAmundsen designed, drafted and implemented a nonqualified deferred compensation plan for executives of a tax-exempt entity in compliance with Code Section 457.
The claim against the architect was that when he designed the addition and did the calculation for whether the dumpster enclosure needed to be enlarged, he should have seen that the curb was directly in the pathway from the door on the addition to the dumpster enclosure area and presented a potential tripping hazard.
SmithAmundsen obtained a favorable ruling vacating a default judgment which had been entered in favor of the plaintiffs for amounts exceeding the policy limits in a very plaintiff friendly venue in southern Illinois.
SmithAmundsen successfully established a new Employee Stock Ownership Plan (ESOP) for a community bank.
SmithAmundsen’s labor team handled an arbitration that arose from grievances filed by both the International Union of Operating Engineers and the Illinois Council of Police.
SmithAmundsen obtained summary judgment on behalf of an insurance carrier in a declaratory judgment action in which the insured-claimant asserted that the insurance carrier waived its right to set-off amounts previously paid to the claimant as medical expenses after the carrier sought to set-off those amounts from a large arbitration award entered on behalf of the claimant.
SmithAmundsen’s labor team handled an arbitration that arose from a grievance filed by the union.
- Handled Arbitration That Arose From Grievance Filed by Union Alleging Violation of the CBA When Health Insurance Changes Were Made
SmithAmundsen’s labor team handled an arbitration that arose from a grievance filed by the union.
SmithAmundsen successfully defended a multi-state transportation company against a gender discrimination and retaliation charge at the EEOC.
Luke Behnke successfully defended a medical malpractice claim for a global medical organization.
SmithAmundsen obtained a not guilty verdict for a Fortune 500 company accused of breaching an alleged $3.3 million oral contract. After a week-long jury trial, the jury sided with the defense finding that the plaintiff failed to prove the existence of the contract in question.
- Obtained Judgment on the Pleadings for a Carrier in a Declaratory Judgment Action that Sought to Stack Multiple Per Vehicle Limits in a Single Policy
SmithAmundsen obtained judgment on the pleadings for a carrier in a declaratory judgment action that sought to stack multiple per vehicle limits within a single policy based on ambiguous and contradictory policy language.
SmithAmundsen favorably settled a declaratory judgment action on behalf of a carrier for less than policy limits where multiple claimants alleged that the carrier could not set-off from its policy limit workers’ compensation amounts that were paid to the other claimant.
- Obtained a Not Guilty verdict Defending Against Fraud, Defamation, and Alleged Breaches of Non-Compete Agreements
SmithAmundsen obtained a not guilty verdict in a claim brought by a prominent roofing company against three former employees and top salesmen.
- Represented a National Real Estate Investment Trust Company Against Allegation of Tortious Interference, Violation of Right to Privacy, and Discrimination
SmithAmundsen represented a national real estate investment trust company against allegation of tortious interference, violation of right to privacy, and discrimination among other claims. The court granted summary judgment in favor of our client.
- Won Decisive Summary Judgment Motion For Sellers of High-End Real Estate in Case Involving Alleged Violations of the Illinois Real Property Disclosure Act, the Consumer Fraud Act, and Breach of Contract
SmithAmundsen represented real estate sellers against buyers who claimed our clients knew their mature trees were infested with wood-boring insects and failed to disclosed this fact. As a result of this summary judgment ruling, the case against our clients was dismissed in full with prejudice.
- Defended a Hotel Chain Against a Guest’s Claim that They had been Exposed to Toxic Chemicals during an Extended Stay
SmithAmundsen defended a large hotel chain against a guest’s claim that they had been exposed to toxic chemicals during an extended stay at the hotel. Following discovery, a summary judgment and dismissal of all claims was obtained. The order of dismissal was affirmed on appeal.
- Defended a Physician and a Large Health Care System Against a Plaintiff’s Claim Alleging medical Malpractice in a Failure to Diagnose a Tumor
Matthew Kees defended a physician and a large health care system against a plaintiff’s claim alleging medical malpractice in a failure to diagnose a tumor over the course of many years. Following extensive discovery, a Daubert motion seeking to preclude the testimony of the plaintiff’s primary expert witness was filed. The court granted the motion in its entirety and the plaintiff voluntarily dismissed their lawsuit against our clients.
- Provides Strategic Counsel for Filing and Procurement of Patent Rights Relating to FinTech Innovations
SmithAmundsen serves as primary outside counsel to a large insurance company with respect to the company’s patent matters.
SmithAmundsen defended a condominium owner in a subrogation action seeking over $500,000 in damages for a rooftop grill fire allegedly caused by the owner’s guest.
SmithAmundsen represents the insurer of a heavy equipment leasing company who filed a subrogation action to recover monies paid to its insured for the loss of its 1300 ton specialized crane.
- Defended Physical Therapists and a Large Hospital System against the Plaintiff’s Claim Alleging Medical Malpractice
Matthew Kees defended a group of physical therapists and a large hospital system against the plaintiff’s claim alleging medical malpractice in which the plaintiff claimed to have been permanently injured during a physical therapy session. The court granted summary judgment to our clients.
SmithAmundsen represented the developer of a golf course community who wished to develop an open parcel into another single family residence in the golf course community.
- Successfully Settled a Wrongful Death Claim Involving an Independent Contractor on Call for Pest Control Duties for a Homeowners Association
SmithAmundsen successfully settled a wrongful death claim involving an independent contractor on call for pest control duties for a homeowners association. The plaintiff’s estate brought suit alleging wrongful death and a survival action against the homeowners association and maintenance worker on duty at the time of the alleged incident.
- Represented a Business in Disputes in the Purchase of Commercial Real Estate and Refusal to Pay Rent
SmithAmundsen represents a business involved in a dispute arising from an agreement to purchase commercial real estate in St. Louis County, MO, and in an associated dispute over the refusal to pay rent pursuant to a lease of the same property.
SmithAmundsen represented a major retailer, who was the supplier of protective headgear alleged to be defective, in connection with a workplace accident that resulted in an employee of a manufacturing plant sustaining a significant brain injury.
- Defended a Private Golf Course Against Claims of Negligence in Maintaining Property in a Personal Injury Lawsuit
Nicole Demik defended a private golf course against a patron’s personal injury lawsuit in Illinois alleging that the golf course was negligent in maintaining their property, specifically a river and adjacent riverbank.
Rich McNelley represented a major inland river barge transportation company in a serious injury claim by another marine company’s employee. Rich was able to secured summary judgment on the issue of contractual indemnity in a Marine services contract.
- Represented a Boating Club Against a Personal Injury Lawsuit Alleging Negligent Maintenance of a Loading Ramp and Floating Dock
Nicole Demik represented a boating club against a personal injury lawsuit alleging negligent maintenance of a loading ramp and floating dock, specifically the use of non-slip materials or lack thereof.
- Persuaded the Eleventh Circuit that the Statute of Limitations for Class Allegations Was Not Tolled by the Previous Lawsuit Against the Same Defendant
SmithAmundsen persuaded the Eleventh Circuit that the statute of limitations for class allegations was not tolled by the previous lawsuit against the same defendant and same legal theory.
On behalf of a dredging company client, Rich McNelley investigated an incident where a truck driver died attempting to unload dredging equipment from a flatbed trailer, and represented the owner of the equipment through discovery before the case settled for a reasonable sum.
- Defended an Asphalt Contractor Against a Personal Injury Lawsuit Brought by a Pedestrian Struck by a Vehicle
SmithAmundsen defended an asphalt contractor against a personal injury lawsuit brought by a pedestrian who was struck by a vehicle in the parking lot.
- Defended a Inland River Barge Transportation Company After a Former Employee Alleged his Lung Cancer was Caused by Exposure to Diesel Fuel Exhaust
Rich McNelley defended a major inland river barge transportation company against a claim by a former employee alleging that his lung cancer was caused by exposure to diesel fuel exhaust during his service as a towboat captain.
- Defended Private Homeowners in a Personal Injury Lawsuit Brought by a Pedestrian Who Tripped and Fell on the Sidewalk in Front of their Home
Nicole Demik defended private homeowners against a lawsuit brought by a pedestrian for personal injuries sustained when she tripped and fell on the sidewalk in front of their home.
SmithAmundsen defeated a class certification in a case involving more than 1 million prerecorded calls, on grounds that many absent class members lacked injury under Spokeo.
SmithAmundsen team serves as outside general counsel to an owner-operated freeze dryer company for employment, intellectual property, commercial disputes, contract drafting, contract negotiation, and merger and acquisition related matters.
- Successfully Achieved an Appeal Before the Illinois Appellate Court Holding that the Defendant Who Hired the Fax Broadcaster was Not Liable for TCPA Violations
SmithAmundsen successfully achieved an appeal before the Illinois Appellate Court, which held – for the first time – that a defendant who hired the fax broadcaster was not liable as a matter of law for violations of the TCPA.
SmithAmundsen's team represents a national RV and outdoor retailer in a myriad of commercial disputes involving allegations relating to breach of warranty, consumer fraud, deceptive trade practices, breach of contract, property damage, and vehicle financing issues.
- Successfully Defended a Construction Company in a Construction Negligence and Premises Liability Case
SmithAmundsen successfully defended a construction company acting as general contractor in construction negligence and premises liability claims.
- Defeated a Class Action Alleging a Subsidiary of an International Food Manufacturer Misrepresented its Snack Bar as “All Natural”
SmithAmundsen defeated a class action alleging that a subsidiary of an international food manufacturer misrepresented its snack bar as “all natural” when the bar contained an ingredient previously found by the FDA to be synthetic.
- Defended a Car Wash in Small Claims Court in Will County Where a Plaintiff was Alleging Property Damage
Sam Fino successfully defended a car wash in small claims court in Will County where a plaintiff was alleging property damage to his Maserati as a result of using the clients business.
SmithAmundsen defended a construction engineering firm against claims alleging negligent design and unjust enrichment. The court granted the engineering firm’s motion to dismiss on one count, with prejudice.
- Induced a Plaintiff to Voluntarily Dismiss a Claim Shortly After Filing a Motion to Dismiss a Claim for Consumer Fraud
SmithAmundsen induced a plaintiff to voluntarily dismiss a client, a manufacturer of softball bat components, shortly after filing a motion to dismiss the claim for consumer fraud.
- Defended a Client at Arbitration After Two Plaintiffs Alleged Negligence for a Motor Vehicle Accident
Sam Fino successfully defended a client at arbitration where two plaintiffs were alleging negligence against the defendant for a motor vehicle accident that occurred at an intersection with conflicting testimony regarding which vehicle had the right-of-way.
SmithAmundsen represented a homeowner that was aggrieved by their neighbor’s blatant violation of restrictive covenants imposed by the golf course community in which they lived.
- Won a Ruling Affirming the Dismissal of a Lawsuit Against a National Testing Agency Accused of Selling Personal Identifiable Information
SmithAmundsen won a ruling from Seventh Circuit affirming dismissal of lawsuit against a national testing agency in which plaintiffs alleged claims on behalf of a putative class of 16 million persons that their personal identifiable information had been sold without authorization.
Laura Grebe served as outside counsel for one of the largest global chemical producers. She assisted this client with worldwide prosecution of patents in technologies spanning from catalyst creation and polymers to films and articles of manufacture.
- Helps a National Multi-Line Insurance Company With Multiple Areas of Representation and Business Operations
SmithAmundsen’s work has included labor & employment, data privacy, and insurance and regulatory issues.
SmithAmundsen defended a hospital from a class action arising from a data breach involving protected personal information and HIPAA.
As outside counsel for a large construction and civil engineering company, Laura Grebe worked closely with innovators to explain the value of intellectual property and grow their patent and trademark portfolio.
Successfully and efficiently resolve multiple significant seven and eight figure cases for far less than the amounts.
SmithAmundsen defended a technology company in a lawsuit in Arkansas federal court arising out of the alleged breach of personal data of plaintiffs and absent class members who applied online for Pandemic Unemployment Assistance.
Laura Grebe created and implemented a trademark licensing and compliance program for a government agency.
SmithAmundsen represented a premises owner who had been sued after a business invitee slipped and fell on a patch of ice which remained in the client’s parking lot after snow removal services had been performed.
- Represented More than 20 Universities in the NCAA Football MDL Alleging the Defendants Concealed the Dangers Associated with Concussions
SmithAmundsen represented more than 20 universities in the NCAA football MDL alleging defendants knowingly concealed dangers associated with concussions.
- Successfully Obtained Patent Coverage for Electronic and Mechanical Components Used in Propulsion and Rocket Technologies
As a contract attorney for NASA, Laura Grebe met with research scientists to draft patent applications and successfully obtained patent coverage for electronic and mechanical components used in propulsion and rocket technologies.
To better protect the company we counseled the Board of Directors on risk exposures, legal issues within the injury and alternative corporate structures.
- Defeated Class Certification on Grounds that Individual Fact Questions Predominated in a Mass Tort Lawsuit
SmithAmundsen defeated class certification on grounds that individual fact questions predominated in a mass tort lawsuit that was filed by 100 residents who sued the private operator of the Milwaukee Metropolitan Sewerage District.
SmithAmundsen defended a manufacturer in a liability lawsuit where an individual’s leg was amputated. The plaintiff demanded more than $10 million dollars, but the matter was ultimately settled below the $3 million dollar policy limits.
The defendants argued that the plaintiff provided no facts to demonstrate that they knew of the existence of a defective condition.
SmithAmundsen obtained dismissal of a putative investor class alleging breach of fiduciary duty, based on prohibitions in the Securities Litigation and Uniform Standards Act (SLUSA).
SmithAmundsen handled a contested liability lawsuit where the plaintiff was left a quadriplegic.
The defendant argued that under the Tort Immunity Act, the subject activity which took place during the break qualified as a hazardous recreational activity.
SmithAmundsen defended an employer from a class action alleging improper background checks of thousands of employees or applicants in violation of FCRA.
SmithAmundsen tired a one week jury trial wherein the plaintiff’s widow alleged host liability against a local business for failing to come to the aid of her husband during a medical emergency.
The defendant submitted an affidavit along with its motion to dismiss attesting to the fact that it did not own, operate, manage, or control the subject premises on which the plaintiff alleged there was a defective condition.
SmithAmundsen defended a commercial trailer manufacturer in a multimillion dollar product liability case involving serious injury. Appreciated trial exposure was well over policy limits, but the case settled on favorable terms due to SmithAmundsen’s aggressive defense of its client.
SmithAmundsen represented a hospital in an arbitration involving a contract dispute with a service provider.
Luke Behnke obtained voluntary dismissal of a product liability claim against a global auto manufacturer on res judicata grounds. The negotiated agreement turned on whether privity existed given the subrogor-subrogee relationship.
- Obtained a Voluntary Dismissal for a Subcontractor Involved in the Liquidation of a Commercial Proper
SmithAmundsen aggressively defended the subcontractor, gathered necessary evidence, and convinced the plaintiff to voluntarily dismiss our client to avoid facing a claim for attorney’s fees for pursuing a frivolous action.
SmithAmundsen defended an electrical contractor against negligence and safe place claims. The court granted summary judgment in the contractor’s favor, dismissing all claims against it, upon finding that the contractor was not involved in creating the “hazard.”
We vigorously defended the manufacturer, and were able to successfully argue to the claimant that the warranty was inapplicable to the claim.
Through a thorough investigation SmithAmundsen was able to identify multiple additional applicable underlying insurance policies.
Luke Behnke was the lead attorney for a credit union lender named in a consumer law action. He successfully negotiated an agreement at mediation whereby the credit union received the full loan amount, interest and a significant portion of its attorney’s fees.
SmithAmundsen offered a complete analysis of a legal permanent residency process and other nonimmigrant processes on for companies in order to understand the risks associated with sponsorship.
SmithAmundsen defended a bankruptcy law firm against a professional liability claim in federal court.
The former client alleged that the firm’s attorneys negligently drafted and negotiated a developer’s agreement with village government.
Luke Behnke efficiently negotiated a favorable settlement for an international manufacturer of home goods in a multi-party product liability case where the facts were unfavorable for the manufacturer.
The intermediary Wisconsin appellate court ultimately affirmed the trial-level grant of summary judgment.
The trial court granted a summary judgment motion dismissing the action against the client attorneys in its entirety.
Luke Behnke was the lead attorney for a large installer of commercial fire protection systems and an insurance carrier in successful defense of Wisconsin workers' compensation claim involving a Medicare beneficiary with a significant traumatic head injury.
A state circuit court granted SmithAmundsen’s motion for summary judgment on all causes of action, and the subsequent appeal suffered an early dismissal.
SmithAmundsen obtained dismissal by way of dispositive motion on behalf of a precast panel contractor.
- Won a Motion to Dismiss for Claims Based on the Illinois Condominium Property Act and Illinois Consumer Fraud Act
SmithAmundsen won a motion to dismiss for claims brought under a novel legal theory based on the Illinois Condominium Property Act and Illinois Consumer Fraud Act.
SmithAmundsen obtained summary judgment on behalf of the owner of a construction project that caught fire during the course of the project.
- Successfully Moved to Dismiss a Parent Corporation Alleged to have Violated the Telephone Consumer Protection Act
SmithAmundsen successfully moved to dismiss a parent corporation alleged to be the alter ego of a company that purportedly violated the Telephone Consumer Protection Act.
SmithAmundsen won a defense verdict for property owners facing premises liability allegations after an arsonist started a fire in their building.
SmithAmundsen defended a custom home-builder in a case brought against it by a homeowner seeking nearly $1,000,000 in damages for alleged defects to the home.
- Defended a Retail Store from Allegations Concerning Premises Defect that Caused Heavy Materials to Fall on the Plaintiff
Daniel Whiston defended a retail store from allegations concerning premises defect that caused heavy materials to fall on the plaintiff.
SmithAmundsen represented a general contractor in a case brought against it by a restaurant seeking nearly $1,000,000 in damages for alleged defects to an outdoor patio and retractable roof built by the contractor.
SmithAmundsen represented a church following a construction accident. A significant injury occurred during the remodeling project of the exterior of the church. .
- Obtained a Defense Verdict for a Manufacturer of Material Handling Equipment in a Product Liability Claim
Luke Behnke helped obtain a defense verdict for a manufacturer of material handling equipment in a product liability claim involving a catastrophic injury after a 10-day trial in Georgia federal court.
Daniel Whiston serves as litigation counsel for a major Illinois city. SmithAmundsen has been engaged in multiple matters that resulted in successful outcomes in claims of police misconduct, premises defects, wrongful death and governance related issues. SmithAmundsen works hand in hand with city attorneys and managers to achieve successful results.
- Settled Two Related Multimillion Dollar Property Damage Cases for a Multinational water Treatment Company
Luke Behnke settled two related multimillion dollar property damage cases for a multinational water treatment company in New York federal court for a fraction of the losses incurred by plaintiffs after outmaneuvering plaintiffs’ council on procedural grounds.
SmithAmundsen serves as counsel for an Illinois water reclamation district. Our firm provides counsel on issues relating to the district’s operation to avoid future litigation.
Luke Behnke successfully represented a large employment staffing firm in a premises liability claim where the plaintiff alleged the staffing firm was negligent and in violation of Wisconsin’s safe place statute.
- Secured Summary Judgement for a Life Insurance Carrier After a Policy Holder Provided Fraudulent Answers to Questions on hi Criminal History
SmithAmundsen was retained by a life insurance carrier when it was discovered that a policy holder provided fraudulent answers to questions concerning his criminal history.
SmithAmundsen defended a newspaper company against negligence and safe place claims following a trip and fall at one of its distribution facilities.
SmithAmundsen was engaged by the a leading health insurance carrier to resolve a dispute concerning payment issues between a service provider and an out of state insurance plan.
SmithAmundsen represented a developer in a case brought against it by one of its contractors.
SmithAmundsen and Daniel Whiston have long been at the forefront of Illinois Dog Bite law. Dan’s litigation team secured summary judgment on behalf of a homeowner who had provided a dog to the veterinarian. The dog later escaped and caused serious injury to a bystander.
SmithAmundsen defended an underground contractor in a six-figure OSHA case.
- Prepared an Intrastate Securities Offering on Behalf of a 501(c)(3) Organization to Secure Funding for the Non-Profit
SmithAmundsen prepared an intrastate securities offering on behalf of a 501(c)(3) organization to secure funding for the non-profit.
SmithAmundsen represented a general contractor in a case brought against it by one of its subcontractors seeking half a million dollars for work performed on multiple lots a residential subdivision.
- Represented a World Class Athlete Against Claims that Horses Kept on his Premises Caused Injuries to a Rider
SmithAmundsen represented a world class athlete against claims that horses kept on his premises which caused injuries to a rider.
- Represented a Publicly Traded Financial Institution in a $7.5 Million Tender Offer to Repurchase its Outstanding Shares
SmithAmundsen represented a publicly traded financial institution in a $7.5 million tender offer to repurchase its outstanding shares.
SmithAmundsen defended a general contractor from multiple OSHA citations.
- Successfully Defended a National Sandwich Chain Against Allegations of a Foreign Substance Contained within a Food Product
SmithAmundsen successfully defended a national sandwich chain against allegations of a foreign substance contained within a food product. We drafted a motion to dismiss and secured a dismissal with prejudice on behalf of the client.
SmithAmundsen defended a dairy farm and manure digester operator in a case where the owner of the digester filed an injunction.
- Represented a Building Contractor Following an Explosions and Fire that Destroyed the Entire Premises
SmithAmundsen was retained to represent a building contractor following an explosion and subsequent fire that destroyed an entire premises. We retained experts and conclusively proved the client was not involved in any potential causes of the explosion and therefore avoided being named in litigation.
The airport successfully evicted the tenant, sold the hangar, and recovered its attorneys’ fees from the tenant following trial.
- Successfully Negotiated Nominal Settlements on Behalf of Retails After Lithium Ion Batteries Caught Fire
SmithAmundsen successfully negotiated nominal settlements on behalf of retailers in cases where lithium ion batteries caught fire causing severe burns. We were able to secure nominal settlements after proving the retailer had no duty to the injured purchaser.
Our attorneys defeated the lender’s efforts to enjoin the airline from using the aircraft.
SmithAmundsen obtained summary judgment for a sub-contractor involved in a residential construction claim.
SmithAmundsen helped the manufacturer navigate its manager and one of its distributors secretly competing with the manufacturer.
- Successfully Defended a Minor Who Allegedly Caused Significant Injury to a Student on the Playground
SmithAmundsen successfully defended a minor who was alleged to have caused significant injury to a student on a playground.
The client, an aviation association, was concerned that a pending case may have adverse impacts on its members.
SmithAmundsen obtained summary judgment for a commercial trucking client after a former employee caused a fatality.
The novel 7th Circuit suit against the FAA was for the FAA's illegal ATC special event policy.
SmithAmundsen reached a favorable resolution for a client in a popcorn lung matter with significant injury exposure and multiple parties.
The trial involved multiple claims related to catastrophic aircraft accident.
Jacqueline reduced the settlement fine in a Department of Labor wage and hour audit for an H-1B Public Access case.
SmithAmundsen successfully obtained summary judgment rulings in a long-running Washington state environmental coverage action involving hundreds of sites in in the Pacific Northwest.
- Obtained a Summary Judgment Ruling that its Insurer Client Owed no Defense or Indemnity Under a Business Auto Policy of Insurance
SmithAmundsen obtained a summary judgment ruling that its insurer client owed no defense or indemnity under a business auto policy of insurance.
SmithAmundsen obtained nonimmigrant visas and legal permanent residency for an international nonprofit industry organization and mental services institute.
SmithAmundsen prevailed in a declaratory judgement action on behalf of an insurer on two issues.
SmithAmundsen successfully removed conditions on legal permanent residency after two years of marriage to a U.S. Citizen.
- Obtained Dismissal of a Putative Class Action Brought Against an Indiana Financial Institution Challenging its Assessment of Bank Fees
SmithAmundsen obtained dismissal of a putative class action brought against an Indiana financial institution challenging its assessment of bank fees. The team obtained a favorable ruling on a motion to dismiss a state court action brought by a customer, alleging the bank charged improper NSF fees (multiple fees for the same item) and deceived customers in violation of the Indiana Deceptive Consumer Sales Act, which resulted in a successful early resolution of the matter.
SmithAmundsen obtained a not guilty verdict before a jury in a construction jobsite injury case when the plaintiff, a pedestrian, fell into an uncovered open excavation and was injured.
- Obtained Preliminary and Permanent Inunction for a Financial Institution in Enforcement of Covenant Not to Compete
Debra Mastrian obtained preliminary and permanent injunction for a financial institution in enforcement of covenant not to compete. She successfully obtained entry of a preliminary and permanent injunction, opposed removal of the matter to federal court, was awarded fees for various reasons, and successfully defended appeals at both state and federal level in a contentious lawsuit involving a former employee.
SmithAmundsen won partial summary judgment on complex issues of federal preemption with respect to the alleged negligent conduct of the client, a federal railroad operator.
- Negotiated a Settlement Inclusive of a Licensing and Operating Agreement for a Dispute Between an Operator of Recreational Sporting Facilities and a Sports Technology Company
SmithAmundsen mediated and negotiated a settlement inclusive of a licensing and operating agreement, for a dispute between the client, an operator of recreational sporting facilities, and the claimant, a sports technology company.
SmithAmundsen won a defense verdict at trial for a property manager.
SmithAmundsen successfully negotiated the favorable settlement of a commercial leasing dispute between the client, a multinational commercial real estate firm, and its tenant, involving issues of partial constructive eviction and the inability of the tenant to meet certain lease obligations due, in part, to COVID-19 related shutdowns and restrictions.
SmithAmundsen achieved summary judgment in a case concerning allegations of failure to provide security.
SmithAmundsen successfully tried a matter to recover reimbursement from a sub-contractor.
- Obtained a Favorable Settlement for a Trust Beneficiary in a Declaratory Judgment Action to Determine Whether an Email Amendment to the Trust was Valid and Enforceable
SmithAmundsen represented a trust beneficiary in a declaratory judgment action to determine whether an email amendment to the trust was valid and enforceable. The amendment in question was in the form of an email the settlor had sent to the trustee and other family members shortly before his death.
Henry Twomey successfully resolved a product liability and personal injury claim for a global manufacturer.
- Defended a Trust in a Breach of Fiduciary Duty and Breach of Confidentiality Agreement Involving a Closely Held LLC
SmithAmundsen represented trust in defending a breach of fiduciary duty and breach of confidentiality agreement litigation involving a closely held LLC.
- Represented a Jewelry Company, its Parent Corporation, and Two of its Individual Shareholders Accused of Consumer Fraud
SmithAmundsen represented a jewelry company, its parent corporation, and two of its individual shareholders accused of consumer fraud for selling jewelry with a lifetime guarantee that it did not intend to honor.
SmithAmundsen successfully defended an auto accident case on liability and damages in a three day jury trial where the verdict was 50% less than plaintiff’s pre-trial demand.
Our firm successfully moved to strike the claims of non-Illinois residents from a federal class action alleging a performance group sent faxes in violation of the Telephone Consumer Protection Act.
Debra Mastrian obtained a finding of non-discharge ability on a multi-million dollar judgment the client held against a former customer.
SmithAmundsen represented a cosmetics manufacturer that was accused of consumer fraud on the basis that it advertised its products as “gentle” even though they allegedly contained a harsh ingredient. We moved to dismiss the case on the basis that the claims were preempted by the Food, Drug, and Cosmetic Act.
The case involved numerous issues including whether a pipeline company’s easement was partially extinguished by a landowner’s adverse possession.
- Defended a Major Nonprofit Organization Against Claims of Discrimination Against Individuals with Disabilities
Our firm defended a major nonprofit organization against claims of discrimination against individuals with disabilities. We successfully moved to compel individual arbitration of certain claims, effectively preventing those individuals from pursuing their claims on behalf of a putative class.
Debra Mastrian that the Review Board of the Indiana Department of Workforce Development erred in their ruling.
SmithAmundsen represented a power equipment company against a products liability claim based on the alleged failure of a home backup generator.
The charge was that the bank had discriminated against borrowers on the basis of their national origin.
Debra Mastrian successfully defended against the personal guarantor’s statute of limitations defense.
SmithAmundsen represented a fast food franchisee against claims that its restaurants had misled consumers because the cost of its extra value meal was greater than the sum of each of the components. Despite the claim being brought on behalf of a putative class, we were able to settle the case on an individual basis – before even filing an answer.
The lawsuit was brought by the beneficiary of a million dollar policy after benefits were denied under the policy’s suicide exclusion.
- Represented a Fast Food Franchisee in a Lawsuit Seeking an Injunction Requiring Extensive Operational Changes during the COVID-19 Pandemic
SmithAmundsen represented a fast food franchisee in a lawsuit seeking an injunction requiring them to impose extensive operational changes in connection with the COVID-19 pandemic.
Debra Mastrian argued before the Seventh Circuit Court of Appeals and was successful in preventing the distributor’s attempt to force the matter into arbitration.
- Successfully Moved to Dismiss a Lawsuit Against an Insurer Brought by an Agency Claiming it was Entitled to Over $2 Million in Accrued Excess Profits
SmithAmundsen successfully moved to dismiss a lawsuit against an insurer brought by an agency claiming it was entitled to over $2 million in accrued excess profits at the time the insurer terminated the agency relationship.
Debra Mastrian obtained dismissal of lawsuit by minority shareholders after filing a motion to dismiss following the report of a special litigation committee.
SmithAmundsen received a dismissal on behalf of a client involved in a motor vehicle accident.
SmithAmundsen won summary judgment for a food processing company after the plaintiff accused the company of having a foreign object in their food which allegedly trigged their PTSD.
SmithAmundsen successfully defended an owner and operator of a crane from a personal injury that took place at a manufacturing facility.
A motorcyclist sought to recover for alleged significant personal injuries sustained in the collision with a truck.
SmithAmundsen defended an international feed distribution company for a products liability claim and obtained a dismissal from the Cook County court pursuant to the distributor statute, limiting the liability for the client based on its limited role in maintaining control over the product at issue.
SmithAmundsen successfully demonstrated that the premises owner was entitled to judgment, because the plaintiff presented no evidence that the automatic doors were defective.
- Represented a Large Unsecured Creditor in Claims Against a Debtor for Breach of Contract, Delay, Recoupment and Liquidated Damages
SmithAmundsen represented a large unsecured creditor in claims against a debtor for breach of contract, delay, recoupment and liquidated damages resulting from multiple failed construction projects the debtor was handling for an unsecured creditor.
SmithAmundsen counsel obtained summary judgment for an insurance company in connection with a claim for underinsured motorist benefits.
The Cook County court entered judgment for the restaurant, finding that the plaintiff failed to establish that the food she ate at the restaurant was contaminated or that any conduct on the part of the restaurant caused the alleged contamination.
- Advise Multiple Regional Bank Holding Companies and their Subsidiary Financial Institutions on all Aspects of their Operations
SmithAmundsen advises the holding companies and their subsidiary financial institutions on all aspects of their operations.
SmithAmundsen defended a prominent road construction general contractor in a personal injury case involving an ironworker with orthopedic injuries, as well as a TBI.
- Assisted an Indiana Bank Holding Company and it’s Subsidiary in its Conversion from a “C” Corporation to a “S” Corporation
SmithAmundsen assisted the holding company in its conversion from a "C" corporation to a "S" corporation for Federal income tax purposes.
- Successfully Defended Suit and Obtained an Order Dismissing it with Prejudice in the Representation of a Chicago Bank
SmithAmundsen successfully defended suit and obtained an order dismissing it with prejudice in the representation of a Chicago bank that had a mortgage on a customer’s residence.
Advice to the company has involved to mergers and acquisitions, licensing, corporate governance, labor and employment, intellectual property, contracting matters, and litigation.
- Represented a Community Bank that was the Victim of Several Counterfeit Checks that were Deposited with Other Banks
SmithAmundsen represented a community bank that was the victim of several counterfeit checks that were deposited with other banks, and the depositing banks refused to reimburse the community bank for the payments made on the counterfeit checks based on the depositing bank’s warranty to the community bank.
SmithAmundsen represents them in corporate and litigation matters.
SmithAmundsen represented a small, community bank that had a large judgment against one of its former customers.
SmithAmundsen also acts as advisor to the Board of Directors and Executive Committee.
- Represented an Illinois County After an Individual Sued Claiming They Owned Property that Belonged to the County
SmithAmundsen’s represented an Illinois county after an individual sued claiming they owned property that belonged to the county and tried to force the county to deed the property to him. SmithAmundsen successfully defended against the suit and obtained dismissal of it, with prejudice.
Our client is a company that creates innovative displays, packaging and branding for merchandise, and is based in California with a national clientele.
SmithAmundsen represented a trucking company at trial in a multiple fatality case.
SmithAmundsen represented an individual who planned to run for local office in a unit of local government, but the unit of local government was possibly going to be dissolved due to a petition to dissolve it being filed.
The client is a leading global provider of engineered solutions.
SmithAmundsen represented a subcontractor that had been hired as an excavator on a commercial development. When the subcontractor was not paid, SmithAmundsen sued to foreclose on the subcontractor’s mechanics lien.
SmithAmundsen represents them on all their worldwide corporate, trademark and employment matters.
- Represented a Regional Bank that Lends Money to Commercial Entities for the Purchase of Commercial Aircraft
SmithAmundsen represented a regional bank that lends millions of dollars each year to commercial entities for the purchase of commercial aircraft.
Our client provides capital to publicly traded entities through private transactions (PIPES) and pursues strategic business opportunities for its wholly owned businesses and other affiliated companies.
The client specializes in commercial real estate transactions.
The work involved the negotiation and documentation in the sale of the company’s assets to a private equity firm.