Recent Arbitrations

Recent significant arbitration matters 2016-2019:

  • Trade Secrets Matter: Enforcement of Uniform Trade Secrets Act and related Contract provisions. Sole Arbitrator- Seven figure Award Issued.
  • Emergency Arbitrator: Post termination breach of employment agreement and confidentiality agreement. Injunctive Relief Granted.
  • Alternative Energy: Multi-million-dollar Post Completion dispute of Wind-Farm development agreement regarding allocations of construction cost savings. Sole Arbitrator-Award issued.
  • Alternative Energy: Breach of Contract Dispute concerning the purchase, sale and performance of multi-million-dollar wind turbines. Settled on eve of hearing.
  • Alternative Energy: Supply Dispute concerning 300 Mw Alternative Energy facility and public utility-Award issued.
  • Breach of Supply Contract: Dispute concerning pricing of a long-term energy supply agreement. Wing arbitrator. Multi-million-dollar Award issued.
  • Franchise Dispute: Post termination dispute between regarding various obligations under a Franchise Agreement.
  • Health Insurance: Multi-year, multi-million-dollar dispute between a hospital and an insurance carrier.
  • Corporate shareholder matter: Asserted fraud and misrepresentation in buy-out of minority shareholders.
  • Financial Hedging Transaction: Dispute regarding issues of market manipulation that nullified $2,500,000-$5,000,000 of potential value of hedging positions. Chair of Panel
  • Guarantee Dispute: Dispute as to scope of a guarantee between two principals and a Corporate Lender: Sole Arbitrator -Award Issued.
  • Industrial Damage Claims: Fire caused by contractor’s faulty workmanship resulting in the destruction of several million dollars of industrial equipment. Sole Arbitrator
  • Joint Venture Agreement: Dispute regarding non-performance of obligations under a joint venture agreement-Sole Arbitrator
  • Joint Venture Agreement: Dispute concerning the termination of a joint development and operating agreement of a large industrial facility. Wing Arbitrator.

Significant Cases

Central Illinois Light Co. v. Johnson, 84 Ill.2d 275, 418 N.E.2d 696, 49 Ill.Dec. 676, Ill., March 18, 1981 (No. 53566). Original action in the Illinois Supreme Court successful reversing improper application of an Illinois tax statute to an industrial tax payer’s property.

City of University City v. AT&T Wireless Services, 203 S.W.3d 197, 2006 WL 2257066, Mo., August 08, 2006 (No. SC 87208). In The Circuit Court of the County of St. Louis, No. 01 CC-4454, This case involves a class action brought by approximately 260 municipalities in Missouri against significant providers of wireless communication services contending that unregulated wireless communication is subject to a Missouri public utility tax. Case resolved. U.S. and State of Missouri constitutional issues. See also, City of University City, Missouri v. AT & T Wireless Services, Inc., 229 F.Supp.2d 927, 2002 WL 31426389, E.D.Mo., May 24, 2002 (No. 4:02CV249ERW). Settled.

Exelon Generation Co., LLC v. Hoosier Energy Rural Elec. Cooperative, Inc., Not Reported in F.Supp.2d, 2005 WL 2365306, E.D.Pa., September 26, 2005 (No. Civ.A.04-4592). Dispute regarding long-term power purchase agreement.

GATX Third Aircraft Corporation v. Georgia-Pacific Corporation. Commercial dispute concerning the condition and return of leased equipment. Settled favorably on the eve of trial. No reported decision.

Goldberg v. Johnson, 117 Ill.2d 493, 512 N.E.2d 1262, 111 Ill.Dec. 625, Ill., July 27, 1987 (No. 64355). Special Assistant Attorney General for the State of Illinois. Prevailed in the Illinois Supreme Court and U.S. Supreme Court and defeated a constitutional challenge to a telecommunications tax.

Goldberg v. Sweet, 488 U.S. 252, 98 P.U.R.4th 263, 109 S.Ct. 582, 1989 WL 413, 65 Rad. Reg.2d (P & F) 1402, 102 L.Ed.2d 607, U.S.Ill., January 10, 1989 (Nos. 87-826, 87-1101). Special Assistant Attorney General for the State of Illinois. Prevailed in the Illinois Supreme Court and U.S. Supreme Court and defeated a constitutional challenge to a telecommunications tax.

Graham v. Illinois State Toll Highway Authority, 182 Ill.2d 287, 695 N.E.2d 360 (1998). Prevailed. Obtained reversal of trial court ruling granting an injunction based on violation of provision of the Illinois constitution.

Information Packaging, Inc., et al. v. Banc of America Commercial Finance Corporation, United States District Court, Middle District of Tennessee. Preliminary injunction antitrust tying claim. Prevailed after trial. No reported decision.

Matter of Iowa R. Co., 840 F.2d 535, 1988 WL 13276, C.A.7 (Ill.), February 23, 1988 (Nos. 86-2760 & 87-1082). Prevailed.

N.A.A.C.P. v. A.A. Arms, Inc., See, e.g., N.A.A.C.P. v. AcuSport, Inc., 271 F.Supp.2d 435, 2003 WL 21689641, E.D.N.Y., July 2003 (Nos. 99 CV 3999(JBW), 99 CV 7037(JBW). Mass tort/gun industry. Prevailed. Case dismissed.

Oregon Community Unit School Dist. No. 220 v. Property Tax Appeal Bd., 285 ILL.App.3d 170, 674 N.E.2d 129,220 Ill.Dec. 858, 1996 WL 7000075, Ill.App.2 Dist., December 05, 1996 (No. 2-96-0105). Appellate Court affirmed Property Tax Appeal Board reduction of an ad valorem property tax assessment. Achieved the largest reduction and tax refund in Illinois history.

P.J.’s Concrete Pumping Service, Inc. v. Nextel West Corp., 345 Ill.App.3d 992, 803, N.E.2d 1020, 281 Ill.Dec. 399, 2004 WL 171546, Ill.App.2 Dist., January 27, 2004 (No. 2-02-1219). Class action raising alleged improper application of Illinois taxes to telecommunication charges. Settled.

SEC proceeding. Investigative proceeding for a significant public company, before the Securities and Exchange Commission. Resolved by a Cease and Desist Order.

Terrific Promotions, Inc. v. Dollar Tree Stores, Inc., 947 F.Supp. 1243, 1996 WL 699385, N.D.Ill., November 27, 1996 (No. 96 C 2230). Obtained dismissal of antitrust claim.