Confidential (Circuit Court of Cook County; November, 2013) – Obtained the outright dismissal of a lawsuit alleging malpractice against Gordon & Rees’ client in the drafting of a living trust. While the statutory limitations periods afforded to attorneys in estate planning situations have been criticized as being as “clear as mud,” the Court agreed with defense counsel, and found that Plaintiff’s claim was time-barred under any conceivable interpretation of that statute.
Trainor v. Fort Dearborn Partners, Case No. 12-L-12483 (Circuit Court of Cook County; September, 2013) – Gordon & Rees won the dismissal, with prejudice, of a third-party complaint filed against a management consulting firm specializing in the provision of turnaround services to financially troubled companies. The third-party complaint sounded in misrepresentation, negligence, breach of contract and breach of fiduciary duties, all related to an alleged conspiracy between Fort Dearborn Partners and Trainor’s lender. Trainor sought to void the $18.5 million in personal guaranties and recover compensatory and punitive damages related to the failure of his business. The Court determined that Trainor’s third-party complaint failed as a matter of law, dismissing it with prejudice.
Confidential – (Circuit Court of Kane County; June, 2013) - Gordon & Rees obtained dismissal of a suit alleging breach of fiduciary duties, waste, and negligence against a well-known Chicagoland property receiver, in connection with his actions related to Plaintiffs’ commercial real estate, valued at more than $6 million. After extensive argument on Defendants’ motion to dismiss, the Court not only determined that Plaintiffs' complaint failed as a matter of law, but also denied his request to attempt to replead, dismissing the action with prejudice instead.
Stoller v. Roylance Abrams, et al., Case No. 11-L-12519 (Circuit Court of Cook County; March, 2013) - Gordon & Rees was successful on summary judgment for its law firm client (and its individually-named lawyers) in a case alleging defamation, intentional infliction of emotional distress, and various derivative claims. The Circuit Court agreed with Defendants that the allegedly defamatory statements regarding Plaintiff were protected by the "fair report" doctrine, and further found there was no evidence of extreme and outrageous conduct that would support the intentional infliction of emotional distress claim. A copy of the Court’s memorandum opinion and order granting summary judgments for Defendants is available here.
Gemberling v. Kutchins, et al., Case No. 11-CH-27303 (Circuit Court of Cook County; October, 2012) - Gordon & Rees successfully won the dismissal of its accountant clients (including the firm and individual partner) in a lawsuit alleging professional negligence, fraud and breach of contract in relation to a failed turnaround and eventual insolvency of a large private company. Not only was dismissal obtained, but a judgment against Plaintiff was entered with respect to the Defendants’ counterclaim.
Personal Injury/Wrongful Death
Confidential (U.S. District Court for Central District of Illinois; December, 2013) - Successfully defended a privately-owned geothermal heating company and its alleged agents from a wrongful death claim stemming from a boating collision that occurred on the Mississippi River. The Estate’s wrongful death action claim was voluntarily dismissed with prejudice 4 months after removing the case to Federal Court due to its exclusive jurisdiction over cases involving maritime jurisdiction. At the time of the dismissal, two motions to dismiss, a motion for sanctions, and a counterclaim in limitation were pending, while a motion for sanctions for spoliation of evidence was being briefed.
Dawson v. CareSouth Health System, Inc. (U.S. District Court for Northern District of Illinois; February, 2013) - Within two weeks of retention, Gordon & Rees successfully removed the case to Federal Court, and a week later, moved to dismiss the suit, involving the unfortunate death of a decorated World War II veteran at an assisted-living facility, for lack of personal jurisdiction. After a preliminary hearing on Defendant’s motion, Plaintiff voluntarily dismissed the suit with prejudice.
Shimkus v. Target Corp., 2012 U.S. Dist. LEXIS 23937 (U.S. District Court for Northern District of Illinois; February, 2012) - Summary judgment entered on behalf of Defendant, as the Plaintiff was unable to impute constructive knowledge of an allegedly hazardous condition pursuant to the "pattern or practice" doctrine. A copy of the Court’s memorandum opinion and order granting Defendant summary judgments is available here.
Wood v. Metra, 09 L 2981 (Circuit Court of Cook County; November, 2011) - Summary judgment entered on behalf of Defendant two weeks from trial, as Defendant could not be held to the heightened degree of care owed by a common carrier to its passengers, and because the evidence failed to support a finding that Defendant had actual or constructive notice of a defect on its train platform. A copy of the Court’s order granting Defendant summary judgments is available here.
Confidential, (Circuit Court of Will County; January, 2014) – Served as lead trial counsel for suit alleging violations of the FDCPA. Rather than try the case to verdict, Plaintiff dismissed it with prejudice at trial.