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Commercial Litigation
  • Chapman Spingola achieved a trial victory, when Circuit Court of Cook County Judge Nancy Arnold ruled in plaintiffs' favor as to their derivative claim that approximately $1.5 million of a $1.7 million real estate development escrow belonged to their limited liability company. In her 21 page written opinion, Judge Arnold found that plaintiffs had "easily" met their burden to prove that the TIF proceeds belonged to the LLC. In contrast, Judge Arnold stated that the former manager's testimony was "not believable," and noted that the former manager, during cross-examination, had been "cornered into admitting" that the LLC was entitled to the funds at issue.

  • We succeeded in defeating motions to dismiss plaintiffs' Sherman Act, civil conspiracy and tortious interference claims in a matter pending in the United States District Court for the Northern District of Texas. Chapman Spingola's clients are engaged in the delivery of high-tech goods and services to lenders and repossessors in the automotive repossession industry. Following extensive briefing and oral argument, the Court on May 27, 2011, in a 25 page opinion, denied defendants' motions as to all claims in plaintiffs' Amended Complaint (holding only that the officers of the defendant companies should be dismissed from the lawsuit without prejudice) and ruling that plaintiffs had sufficiently alleged all elements of each of their causes of action.

  • We obtained an award of $382,000 in actual damages and $750,000 in punitive damages on behalf of a physician whose real estate investment partner fraudulently retained for himself a valuable parcel of land that was to be acquired by the partnership. Following trial, the Court issued an extensive opinion which, in addition to awarding monetary damages, reformed the deed in favor of our client.

  • We are currently defending one of Chicago’s top law firms against multi-million dollar claims of legal malpractice. The insurer assigned the case to Chapman Spingola at the defendant firm’s request.
  • We successfully defended a national automotive engineering firm in an arbitration of a multi-million dollar claim relating to our client’s production of exotic automobiles.  Arbitrator awarded client full costs of arbitration.
  • An Illinois medical malpractice insurer settled a medical malpractice claim brought against one of its physician/insureds.  After the settlement, ISMIE pursued a subrogation claim against the physician seeking to recover the proceeds that had been paid out to settle the underlying malpractice case.  We were retained exclusively to handle the subrogation claim.  Initially, we worked to effect a quick settlement to avoid the unnecessary expenditure of legal fees, but ISMIE refused to compromise.  We then prepared a motion for summary judgment, which was granted and upheld upon rehearing.  The entire subrogation matter took less than one year to resolve, and the defendant physician had zero liability to ISMIE.
  • A former officer of catalog-giant Spiegel hired our firm to defend against claims of copyright infringement and RICO violations asserted in a Chicago federal court.  After filing several motions to dismiss that narrowed the scope of the asserted claims, and after presenting the defendant officer for deposition, the defendant officer was voluntarily dismissed from the case.
  • We successfully defended a senior officer and manager from alleged violations of federal and state securities laws and common law arising out of plaintiffs’ purchase of securities.  Plaintiffs claimed they were defrauded through a series of written and oral misrepresentations and omissions of material information designed to induce plaintiffs to purchase securities at a time when the company was on the brink of financial ruin.  Chubb Group assigned the defense of the officer/manager to our firm.
  • We represented an Illinois financial institution in appraisal malpractice and accounting action arising from multi-million dollar refinancing of a Michigan-based property.  We obtained a favorable confidential settlement for our client.
  • We represented a Chicago-based venture capital firm in an accounting malpractice action arising from a failed audit conducted by an auditing firm.  We obtained a favorable confidential settlement for our client.
  • We obtained a $4.1 million award for a national automotive engineering firm in an arbitration involving claims of breach of a joint venture agreement.  In so doing, we defeated all counterclaims raised by the joint venture partner.
  • We obtained a confidential multi-million dollar arbitration award for our client’s medical practice in a claim for interference with contract against a competing medical group.
  • Our client received a not guilty verdict in a trial involving a multi-million dollar claim against our client’s securities firm accused of wrongfully taking control of a competing business (affirmed on appeal).
  • We obtained a favorable settlement on behalf of a law firm in a claim of embezzlement against the firm’s former CFO.

  • We obtained summary judgment on behalf of a New York-based law firm against a recruiter who was seeking a $200,000 placement fee for lateral partner hiring.
  • We advised a law firm in an internal partnership dispute resulting in a favorable settlement for the remaining partners.
  • We represented a law firm in a dispute involving a former attorney.  We obtained a favorable settlement for the law firm restricting the former partner’s ability to represent the firms’ clients.
  • We defended an on-line personalized products company in a claim of copyright infringement relating to the use of computer source code.  We obtained a favorable settlement for our client.
  • We were retained by a high-end asset recovery company days after a federal district court initiated a civil contempt proceeding against it for failing to deliver a luxury vehicle to an automotive finance company pursuant to an order of replevin.  In less than 60 days, our team briefed and won a motion for reconsideration causing the court to vacate the underlying order of replevin and to dismiss the contempt proceeding as moot.
  • We defended a national financial consulting firm against a former employee’s lawsuit alleging that the company wrongfully withheld $225,000 from plaintiff’s compensation as an improper tax payment.  After we filed a motion to dismiss, the plaintiff voluntarily dismissed the lawsuit with prejudice.
  • We successfully defended our client in a claim of copyright infringement relating to the use of a website.  We obtained a favorable settlement for our client.
  • We have successfully argued in the Illinois Appellate Court, the Illinois Supreme Court, and the United States Appellate Court for the Seventh Circuit.
  • We have a winning record of obtaining various forms of injunctive relief and have defeated similar claims for clients.
  • We have tried jury and bench trials in the Chancery, Law, and Probate Divisions of Circuit Court of Cook County and the United Stated District Court for the Northern District of Illinois.

 

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