Commercial Litigation

• In re Broiler Chicken

  Lipe Lyons is currently one of the firms defending Tyson Foods and Keystone Foods against billion-dollar antitrust, RICO, and state tort claims alleging output reduction and index manipulation which have been brought by three classes and more than one hundred and fifty direct action plaintiffs in the In re Broiler Chicken Antitrust Litigation pending in the United States District Court for the Northern District of Illinois.

• Midwest Integrated Companies v. MDOT et al.

  Jordan Tank and Alejandra Barcenas sought declaratory and injunctive relief on behalf of their client, Midwest Integrated Companies, LLC, which collects and recycles railroad ties for use as environmentally-friendly fuel in power plants. Midwest transported the fuel over the road under a special oversize/overweight permit issued by Minnesota. When the Minnesota Department of Transportation and Minnesota State Patrol unexpectedly decided that Midwest’s permit did not allow it to transport the fuel, their interpretation threatened both Midwest’s business and a critical source of fuel for Minnesota’s power plants. After Lipe Lyons filed suit and an accompanying memorandum explaining how the new interpretation was contrary to the statutory authority and legislative intent, Minnesota’s Attorney General quickly agreed to resolve the issue outside of court, and Midwest was able to resume supplying power plants with the fuel they need.

• Beverly Materials, LLC v Midwest Material Management, LLC

  April 22, 2019

  In a commercial eviction/business dispute, the jury returned a verdict in favor of Lipe Lyons' client after less than 10 minutes of deliberations. The plaintiff landlord sought eviction of its tenant. The defendant alleged the plaintiff sought eviction to retaliate against it and to shut down its business because it was competing with another business that an owner of the plaintiff started operating next to it just six weeks before the plaintiff filed suit. After the tenant signed the lease at issue, it helped the plaintiff develop the business that started just six weeks before the suit was filed, with the expectation that it would be allowed to operate the business once it opened to the public. However, the plaintiff's owner decided he would rather have the defendant remain where it is currently located and pay rent while he started another company to operate the compost facility and receive the revenue it generated. Internal correspondence and documents created by the plaintiff and its agents showed that they knew the defendant had a right under the lease to relocate its business and operate the compost facility. When the compost facility started operating, the defendant sent correspondence to the plaintiff stating that it had breached the lease. One month later, the plaintiff filed its lawsuit seeking eviction. After a week of trial, the jury found in favor of the defendant.

• Paul et al. v. Aviva Life and Annuity Company

  Prosecuted a RICO class action against an insurance broker and its agent on behalf of individuals and corporations who purchased life insurance policies and were led to believe that they could deduct the premium payments and make tax free withdrawals. The Internal Revenue Service determined that the life insurance policies were tax shelters, disallowed the deductions, and assessed penalties and interest against the purchasers.

• Medicos v The Hartford et al.

  Defended an insurance company and its insureds against five bellwether breach of contract lawsuits that arose out of the insurer’s alleged failure to properly pay fees and interest to a medical provider for services it rendered to employees of the insureds.

• Budget Truck Rental, LLC v. Latoya et al.

  Prosecuted a hard fraud lawsuit against individuals involved in organized crime ring who filed fraudulent personal injury and property damage claims which arose out of orchestrated “crash for cash” motor vehicle accidents. Worked with the Chicago Police Department and the FBI to investigate the members of the crime ring and show the connections between the illegal and the legal aspects of the conspiracy to defraud insurers. Once subpoenas for depositions were issued to the leaders of the conspiracy, the personal injury lawsuits were voluntarily dismissed.

• In Retail Fund Algonquin Commons, LLC v. Abercrombie & Fitch Stores, Inc.

  Defended a general contractor against a breach of contract, breach of warranty, and negligence lawsuit that arose out of the allegedly defective construction of one of the largest upper-tier outdoor shopping malls in the United States.

• The Russian Orthodox v. Economou Partners Architects, Inc. et al.

  Defended a masonry subcontractor against a breach of contract and breach of implied warranty lawsuit that arose out of allegedly defective structural masonry that caused the roof of a church to cave in and damage rare manuscripts.

• Estate of McKenna, et al. v. AlliedBarton, et al.

  Consolidated wrongful death and personal injury lawsuits arising out of December 2006 hostage situation in Chicago's Ogilvie Transportation Center. During the confrontation, three hostages and the hostage taker were killed, and a fourth hostage was shot and injured. The shooter was a middle-aged truck driver who believed he came up with the idea for a portable toilet that truckers could use while on the road. After a patent attorney told him the idea had aleady been patented, the shooter came to believe the patent attorney stole the idea and profited off it. He went to Ogilvie, where the attorney's office was located, took a security guard hostage, forced his way into the attorney's law firm, and shot the attorney and several co-workers. After several days of trial, Lipe Lyons' client, the owners and managers, settled for a confidential amount. The jury ultimatley found the building's security company was negligent, and awarded the plaintiffs over $33 million in damages.

• Ben-Joy, Inc. v. E. Anthony, Inc.

  Circuit Court of Cook County, IL. Second chaired trial for defendant in breach of contract lawsuit involving construction of a restaurant. Plaintiff alleged defective work and deviations from the plans. Defendant argued that the original architect's plans were unworkable. Jury trial resulted in "not guilty" verdicts for both plaintiff and defendant on a counterclaim.

• Crown Services, Inc. v. Fiore Furniture Co.

  Circuit Court of Cook County, IL. Obtained settlement on behalf of plaintiff temporary employment staffing agency in a commercial dispute alleging breach of contract, fraud and violations of Illinois statutes. Settlement was obtained prior to defendant filing bankruptcy and outside of ninety-day preferential payment period.

• Dumas v. Infinity Broadcasting Corp.

  U.S.D.C., Northern District of Illinois. The plaintiff, Cliff Dumas, is a country radio disc jockey. He began negotiations with an Infinity-owned country music station, US 99, to serve as the morning show host for the station. The plaintiff claimed that he was offered the position as morning show host and that the station rescinded the deal after there was a change in station management. Dumas filed suit alleging breach of contract and promissory estoppel. He was seeking more than one million dollars in damages. The defendant filed a motion for summary judgment, claiming that no proof existed that Dumas was ever offered the position of morning show host and that even if such an offer had been made, the contract (which the plaintiff alleged was for a term of at least 5 years) was barred by the Illinois Statute of Frauds. The court entered summary judgment in favor of the defendant on the plaintiff’s breach of contract and promissory estoppel claims.

• Tatania Garrett v. Sawbill Properties, Inc. and ICM Properties, Inc.

  Circuit Court of Cook County, IL. Obtain dismissal of consumer fraud and ordinance violation claims in a putative class action brought against the owners and managers of more than 2,000 residential rental units in the City of Chicago. Plaintiff alleged that defendants' practice of charging tenants an "administrative fee" at the commencement of the lease period violated the Chicago Residential Landlord Tenant Ordinance related to security deposits and payment of interest by landlords who hold such deposits. The remaining class action claims alleging failure to maintain the properties were dismissed pursuant to settlement with then named plaintiff.

• GVW v. Mill Supply, Inc

  Circuit Court of Cook County, IL. Negotiated dismissal of multimillion-dollar lawsuit on behalf of the defendant, a replacement part distributor. Plaintiff, the manufacturer of delivery vehicles, alleged trademark infringement.

• Infinity Broadcasting v. Hispanic Broadcasting, et al.

  Circuit Court of Cook County. Represented plaintiff in a breach of contract and tortious interference suit arising out of the defendants’ successful efforts to hire plaintiff’s radio talent to work for defendants in Chicago. Obtained summary judgment on liability. Case settled for a confidential seven figure amount.

• Midwest v. Irwin

  Circuit Court of Cook County, IL. Obtained summary judgment for defendant Irwin in defamation lawsuit brought by Midwest. Plaintiff claimed letter terminating the business relationship between the two companies stated “we need to partner with suppliers who not only stand behind their product(s), but value our business and relationship as well.” Defendant argued that the statement was privileged because it was made only to employees and agents of plaintiff, that the statement was capable of innocent construction and therefore not actionable.

• Parties Confidential

  Circuit Court of Cook County, IL. Represented plaintiff's personal injury law firm in a commercial dispute against another plaintiff's personal injury law firm, with claims including breach of contract, breach of fiduciary duty, tortious interference with contract and defamation. Case resolved by agreement of the parties.

• St. Mark Missionary Baptist Church v. The Executive Board of St. Mark Missionary Baptist Church

  Circuit Court of Cook County, IL. Obtained voluntary dismissal on behalf of the executive board in a church dispute. Filed a motion for summary judgment pursuant to the First Amendment of the U.S. Constitution arguing that hearing of the dispute was barred because the controversy turned on matters of church doctrine, polity and administration.

• Wells Fargo Bank v. Funches

  Circuit Court of Cook County, IL. Represented plaintiff in breach of contract lawsuit where defendant filed motion to quash in an attempt to set aside judgment. Obtained judgment at evidentiary hearing in plaintiff’s favor through aggressive presentment of hundreds of documents and numerous witnesses proving plaintiff’s case and successfully impeaching Defendant on the stand.

• Wells Fargo Bank v. Ibarra

  Circuit Court of Stephenson Co., IL.  Aggressively litigated case on behalf of plaintiff in contract litigation alleging failure of service, breach of contract, fraud and bad faith. Obtained judgment on summary judgment which was upheld despite Defendant’s filing of a motion to reconsider. Decision affirmed on appeal.

• Waypoint Aviation Services, Inc., et al. v. Lycoming Engines, a Division of Avco Corporation

  Circuit Court of Cook County, IL: Represented defendant in a class action lawsuit brought on behalf of a putative nationwide class and 13 named plaintiffs seeking more than $60 million in damages. Plaintiffs allege that 5,000 reciprocating aircraft engines manufactured and sold by the defendant contained defective crankshafts. Plaintiffs' lawsuit is based upon alleged violation of the consumer fraud laws of 49 states and the District of Columbia. Plaintiffs' motion for class certification was denied and the suit was dismissed in 2014.

• Western Railway Devices Corporation v. Addition Precision Products, Inc.

  Circuit Court of Cook County, IL:  Settled putative class action on behalf of defendant in lawsuit alleging violation of the Federal Telephone Consumer Protection Ace and the Illinois Consumer Fraud Act, as well as common law conversion.  Plaintiff claimed that the defendant transmitted a large number of unsolicited advertising faxes to class members over a four-year period.  The federal statute on which the case was based provides for $500 in damages for each unsolicited fax.  Case settled on an individual basis before presentation of motion for class certification.

• In Re: 2401 Willow Real Estate LLC

  Circuit Court of Cook County, IL. Disposed of multiple mechanic’s lien claims against a real estate, fuel station and convenience store owner arising from the untimely bankruptcy filing by a general contractor.

• Dominick's Finer Foods, LLC v. Eurest Services, Inc.

  Circuit Court of Cook County, Illinois:  This was a  breach of contract suit brought against a Lipe Lyons client, a janitorial service, by Dominick’s with whom it had a contract for floor cleaning services. Dominick’s alleged that Eurest breached its contractual duty to defend and indemnify Dominick’s for the cost of defending a previous premises liability suit brought against both Dominick’s and Eurest. Dominick’s also alleged that Eurest failed to procure proper insurance for Dominick’s as required by the contract. The court granted Eurest’s motion for summary judgment on the basis that it did not owe a duty to defend the claim against Dominick’s because the underlying complaint alleged independent acts of negligence by Dominick’s which did not arise out of Eurest’ s negligence. The court also entered summary judgment for Eurest on a second count, alleging failure to procure insurance, because Eurest had purchased an insurance policy which covered Dominick’s as an additional insured and the carrier had refused to defend on the basis of the allegations of the complaint in the underlying premises liability case. The circuit court also denied the cross motion for summary judgment filed by Dominick’s. Dominick’s has filed a notice of appeal.