James H. Whalen

Lipe Lyons obtained a dismissal with prejudice of legal malpractice claims against an attorney and his firm. The plaintiff was a former client of the defendants who alleged the defendants' negligent misrepresentation resulted in increased tax liability owed to the U.S. government and a more severe federal prison sentence. We moved to dismiss the Complaint and the Court granted the motion with prejudice, ending the litigation.

III. Department of Human Rights. Obtained dismissal of employment discrimination claims based upon religion, gender and age on behalf of temporary staffing agency in administrative proceeding, following submission of position statement in defense of claims and fact finding conference.

Circuit Court of Cook County, Ill.: Obtained a reasonable settlement on behalf of an electrical subcontractor in personal injury lawsuit alleging injuries sustained while working at a construction project related to the build out of office space in downtown Chicago. Filed a motion for summary judgment based upon Celotex Corp. v. Catrett arguing that recovery was barred because the plaintiff could not prove that plumbing subcontractor caused plaintiff’s injuries, leading to settlement.

Circuit Court of Cook County, Ill.: Obtained reasonable settlements on behalf of a steel erection contractor in companion lawsuits brought by families of two construction workers who were killed when they were struck by falling debris during the partial collapse of a new-construction facility that would serve as senior housing. More than 40 depositions were taken, including fact witnesses and expert engineers. Cases settled on the eve of trial.

Circuit Court of Cook County, Ill.: Obtained a reasonable settlement on behalf of a plumbing subcontractor in a personal injury lawsuit alleging injuries sustained while working at a project involving the construction of a new multi-story, multi-structure addition to a local college. Filed a motion for summary judgment, leading to settlement after multiple pre-trial settlement conferences.

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.

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.

Circuit Court of Cook County, Ill.: Represented product manufacturer in multiple personal injury lawsuits brought by plaintiffs claiming exposure to allegedly asbestos-containing automotive products. Plaintiffs suffer from conditions such as asbestosis, lung cancer and mesothelioma. Lawsuits resolved through summary judgment, voluntary dismissals or reasonably negotiated settlements.

Circuit Court of Cook County, Illinois.  We represented a live entertainment venue in a lawsuit where the plaintiff alleged to have sustained serious and disfiguring injuries to the head and face with multiple surgeries as a result of a large fight at a Chicago-area live entertainment venue.  Plaintiff alleged that the venue was negligent in providing reasonable and proper security for the patrons at the concert.  Case settled for  a confidential amount at mediation.

Circuit Court of Cook County, Illinois.  We represented a live entertainment venue in a lawsuit where plaintiff alleged that she was injured when she slipped and fell in liquid that had pooled on the floor of a bathroom at a Chicago live entertainment venue.  The plaintiff had surgery resulting in the installation of hardware into her ankle.  A motion for summary judgment was filed on behalf of the live entertainment venue.  While this motion was pending, the case settled for less than plaintiff’s medical bills.

Circuit Court of Cook County, Illinois.  Settled a wrongful death lawsuit alleging novel theories of liability for nuisance value.  We represented a live entertainment venue in a lawsuit where plaintiff alleged that the venue and its employees negligently caused fatal injuries to a teenage patron as she was leaving a concert that she had attended at the venue.  The plaintiff alleged that the venue, and its security personnel, had a duty to send the decedent in a safe direction as she was leaving the concert venue. 
 

Circuit Court of Cook County, IL:  Obtained dismissal of product liability-personal injury claims based upon plaintiff’s previously filed bankruptcy case where plaintiff failed to disclose personal injury claims to the bankruptcy court.

Circuit Court of Cook County, IL:  Plaintiff, Thomas O. Jones, filed suit against defendants, including the firm’s client, a construction company that acts as a general contractor.  Jones’ complaint included allegations that the client negligently caused him to sustain personal injuries while he was working on a construction site.  Shortly after his alleged injury, Jones filed for Chapter 7 bankruptcy but he failed to disclose his personal injury claims as an asset in his bankruptcy proceeding. Jones’ injury claims were an asset of his bankruptcy estate and only the bankruptcy trustee had standing to file a lawsuit to pursue a recovery for Jones’ claims. After the bankruptcy trustee attempted to substitute as the plaintiff for Jones, Jeffrey Lipe and James Whalen filed a motion to dismiss the counts against the client pursuant to 735 ILCS 5/2-619(a)(5) and (9), arguing that the personal injury claims were time barred and that the claims should be dismissed pursuant to the doctrine of judicial estoppel.  The court granted the motion to dismiss, with prejudice, on all of plaintiff’s claims against the client.

Winnebago County, IL: Obtained voluntary dismissal of premises liability claims against defendant. Though its aggressive efforts in discovery, defendant obtained information that plaintiff had failed to disclose pre-existing right knee injuries during discovery and filed motion for a sanction of dismissal for discovery violations. 

Successfully resolved wrongful death claims in tort and pending before the Illinois Industrial Commission on behalf of plaintiff’’s decedent’s employer.  No money paid with respect to wrongful death claim and facilitated reasonable settlement of worker’s compensation case.

Circuit Court of Cook County, Ill.:  Obtained settlements of plaintiff’s personal injury claims against general contractor after one week of jury trial.  Plaintiff alleged he sustained serious permanent injuries while working with a crane at a construction site in downtown Chicago.  Trial was anticipated to last in excess of two weeks and involved more than two dozen witnesses including liability and damage experts.

Tenth Judicial Circuit Court (Peoria County, IL.  Obtained dismissal with prejudice of catastrophic-personal injury claims based upon motor vehicle accident involving a pick-up truck and concrete mixer-transport truck. Plaintiff’s guardian sued numerous defendants, including the concrete truck, government agencies and adjacent landowners alleging that their negligence caused her ward to sustain bodily injuries and a traumatic brain injury. Through his efforts, Mr. Whalen was able to limit the plaintiff to a single amendment of her complaint and then obtained a dismissal with prejudice of the plaintiff’s claims pursuant to a 2-615 motion to dismiss.