Trials and Appeals
At Lakelaw, we see the litigation process as an unfortunate but necessary part of life. We use litigation to resolve disputes which people cannot resolve by negotiation. We think that litigation is an expensive but time-proven way of getting to the truth of a matter. In our experience, litigation offers both sides the opportunity to learn the truth of the other side’s point of view. In almost every case, this leads to settlement before trial. Most of our clients find that the acceptance of a sure settlement before trial is superior to the uncertainty and delay of results after trial by jury or before a judge.
Even so, the only path to a good settlement is the willingness to proceed to trial and the intention and ability to win.
At Lakelaw, we know that preparation for success at trial is key to any reasonable resolution of your case.
So we are prepared to take cases to trial and to appeal when necessary. We measure our success by our results in cases large and small over the years.
Case Study:
We were called upon to represent an Indiana businessman who had a judgment in an Indiana court to collect it in Illinois. The Circuit Court in Lake County, however, decided that the judgment was not properly entered in Indiana. So we started from scratch. The defense claimed that our clients had defrauded them. Through aggressive discovery, we obtained summary judgment.
We perfected a judgment lien against the defendants. While they didn’t have enough money to pay the judgment, their land appreciated in value. Ultimately, we recovered the judgment, in full, with interest at 9% in an amount substantially in excess of $100,000.
Lately, we received an inquiry from the people we sued. They want us to file a lawsuit against their partners in this deal so that they can recover a proportionate share of what we recovered from our clients.
Case Study:
We were called upon to help a man in a contractual dispute with his brother concerning a business that they owned together. At the time we were engaged, the case was approaching trial date on a legal theory highly disadvantageous to our client. We dug deep into the file and discovered a legal theory under the Illinois Business Corporation Act through which the court could require the parties to mediate. The court allowed us to amend the complaint over the objections of the other brother. The court-ordered mediation resulted in a resolution of this family dispute on much fairer terms and much less expensively than would had resulted from trial.
Case Study:
Our client had sold his business and remained as a key employee for the new owners under a long term contract. He was operating under a restrictive covenant. Not long after the sale, disputes arose. Our client was fired. The company did not pay him what was due. We sued the company on a number of theories. We negotiated a fair and favorable settlement within months after the suit was filed and without the need to take a single deposition or any discovery. Our complaint alone demonstrated our client’s resolve. And our opponents knew that we meant business.
Case Study:
We were called upon to represent a Wisconsin businessman who was being sued in both Illinois and Wisconsin. Prior to our representation, judgment had been entered against him. We defended the post-judgment collection actions in both Illinois and Wisconsin, claimed all appropriate exemptions and ultimately negotiated a mutually agreeable settlement. Our unique interstate practice, with attorneys capable of practicing on both sides of the Illinois – Wisconsin border with equal ability, enabled us to move nimbly and effectively to protect our client.
Reported Decisions in cases our lawyers have won:
Leibowitz v. Parkway Bank, 134 F2d 574 (7th Cir. 1998) (Fraudulent Transfer Claim against Bank as Trustee – Recovery in excess of $500,000 affirmed after two appeals)
Leibowitz v. Saleh 1994 Bankr. LEXIS 29 (Bankr. ND IL) (Bankruptcy Trustee recovered judgment in excess of $9 million)
Leibowitz v. Tanglis (Bankr. ND. IL 2006 Bankruptcy - denial of discharge after trial) (see Judge Schmetterer’s website at www.ilnb.uscourts.gov)
In re Kobus (Bankruptcy - bad faith chapter 13 conversion) (See Judge Cox’ website at www.ilnb.uscourts.gov) (Trustee avoided fraudulent transfer- ultimately settled for payment of 60% of creditors’ claims)
In re UNR Industries, Inc. 736 F.2d 1136 – (7th Cir. 1984 legal representative appeal)
Gabellini v. Rega 724 F.2d 579 (7th Cir. 1984)
Kramer v. Exchange National Bank of Chicago, 118 Ill. 2d 277, 515 N.E. 2d 57, 113 Ill. Dec. 248 (1987) (Reversal of trial court’s judgment against bank with instructions to enter summary judgment in favor of bank client, affirmed in Supreme Court – injunction in favor of bank obtained on appeal)
