Representative Experience

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

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

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

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

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

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

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

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

SmithAmundsen defended the owner of a vehicle transport company following an accident between a company vehicle and a vehicle traveling dangerously below the speed limit on a rural interstate with an equipment malfunction after its driver, the claimant, was instructed by police not to drive the disabled vehicle on the interstate.

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

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

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

SmithAmundsen obtained summary judgment in favor of a hospital as to actual and apparent agency claims regarding the co-defendant orthopedic surgeon in a case involving a delayed diagnosis of osteosarcoma and a $26 million settlement demand. The motion was granted in its entirety and the hospital was dismissed from the case.

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

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

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

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

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

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

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

Obtained a defense verdict in a defamation/false arrest lawsuit that required the appellate court's review of certain decisions before the surviving counts were remanded for trial. After 8 days of testimony and 6 hours of deliberation, the jury accepted truth as an absolute defense to the claims despite the fact that $2 million was asked for along with a demand for punitive damages.

Obtained summary judgment on behalf of a national beverage corporation in a personal injury matter where the plaintiff tripped on an exposed pallet under a display at a grocery store allegedly containing the defendant’s products.

Defended a farm produce client in connection with an FDA investigation and voluntary recall of farm produce (cantaloupes) following an outbreak of salmonella associated with the crop. Multiple lawsuits were filed alleging product liability, breach of warranty, and negligence seeking recovery of money damages associated with the alleged tainted produce.

SmithAmundsen successfully established a new business plan for a large regional general construction contractor to effectively establish and utilize both union and non-union subcontractors on the same job sites throughout the Greater Chicagoland area. 

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

SmithAmundsen secured a restraining order and injunction against a school district for unfairly trying to sway construction work away from the lowest bidder (a non-union contractor) and give it to the 2^ndlow bidder (a union contractor).

Jeff Risch secured a reversal of the New Jersey Department of Labor's 7-figure tax assessment against a national publishing company’s business model that relied on engaging thousands of independent contractors. Following a multiple day trial, spanning several months, the Office of Administrative Law determined the individuals at issue were bona fide independent contractors under the notorious A-B-C Test.

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.

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

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

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

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

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

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

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

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

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.

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.

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.

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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.

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. 

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.