Short v. Pye, 2018 IL App (2d) 160405, 117 N.E.3d 438
On July 31, 2018, the Appellate Court affirmed a trial court’s denial of sanctions motions against attorneys who had represented the Plaintiff in his lawsuit. The Jenkins Law Group represented the attorneys in the Appellate Court, defending the trial court’s decision to deny sanctions. The Appellate Court agreed that the Defendants’ motion for sanctions against the attorneys was untimely, because it was filed more than 30 days after the trial court had entered a final judgment dismissing the Plaintiff’s case with prejudice, even though the Defendants’ original motion for sanctions against the Plaintiff had been filed timely and was still pending. The Defendants had originally moved for sanctions only against the Plaintiff individually, and then attempted to amend their motion for sanctions to include the attorneys. The Defendants’ attempt to amend the motion for sanctions came after the expiration of the 30-day time limit for sanctions motions as required by the Illinois Supreme Court Rules. The Appellate Court agreed with the arguments made by The Jenkins Law Group regarding the interpretation of Illinois Supreme Court Rule 137, and affirmed the trial court’s decision.
800 S. Wells Commercial LLC v. Cadden, 2018 IL App (1st) 162882, 103 N.E.3d 875, 878, appeal denied, 108 N.E.3d 848 (Ill. 2018)
On May 9, 2018, the Appellate Court affirmed the entry of summary judgment in favor of The Jenkins Law Group’s client in multi-million dollar claim for breach of fiduciary duty. The lawsuit was brought on behalf of a manager-managed Illinois Limited Liability Company (“LLC”) which had held a leasehold interest in a commercial space and an indoor parking garage of a condominium property in the City of Chicago. The LLC claimed the Defendant, its former vice president, had breached fiduciary duties. The LLC alleged the vice president had diverted a corporate opportunity by failing to obtain for the LLC an option to purchase the garage, had improperly transferred an LLC asset by having a marina left out of a real-estate lease, and had improperly allocated expenses. The Appellate Court affirmed summary judgment for the former vice president, holding that he did not owe fiduciary duties to the LLC, and that he did not breach his fiduciary duties as claimed, even if he had owed such fiduciary duties. Among other things, the LLC’s operating agreement had prohibited it from obtaining the parking-garage option, and had specifically stated that the LLC was formed for the purpose of obtaining a leasehold interest in the property, which did not include the marina. The vice president had been directed and authorized to amend the initial lease to remove the marina pursuant to the unanimous vote of the manager and members at the time. As such, the vice president acted within his authority. The Jenkins Law Group represented the client in both the trial court and the appellate court.
Astor Plaza Condominium Association, et al. v Travelers Casualty and Surety Company of America and Merrimack Fire Ins. Co., 2017 IL App (1st) 152546-U.
On June 30, 2017, the Appellate Court affirmed the $716,000 judgment that The Jenkins Law Group had won in a bench trial in a declaratory judgment suit. The Jenkins Law Group successfully defended the appeal taken by the insurance company, which sought to reverse the judgment that was entered in favor of individual members of a condominium association based on the insurance company’s breach of its duty to defend under a liability insurance policy, and based on the insurance company’s bad faith and vexatious conduct. The Jenkins Law Group represented the Plaintiffs in both the trial court and the appellate court.
Joey Sutphen v. Thomas Ferguson, et al.
In May 2015, The Jenkins Law Group won a significant victory for his client in Joey Sutphen v. Thomas Ferguson, et al., in Circuit Court of Cook County, Illinois. The Jenkins Law Group was successful in obtaining a preliminary injunction for his business owner client after a two-day evidentiary hearing in a case involving trademark infringement.
Over many years, the client had built-up a good reputation in the food industry providing restaurant services at barbeque festivals throughout the United States under the common law trademark “Texas Thunder BBQ.” The client had entered into a profit sharing arrangement with the Defendants, which allowed the Defendants to have operational control over many aspects of the business, and to enter the business in summer barbeque festivals in exchange for a percentage of profits from those shows. The parties’ relationship went sour, and the client terminated the profit-sharing arrangement, along with the permission to use the “Texas Thunder BBQ” trademark.
The Jenkins Law Group’s client consequently sued the Defendants, claiming that they failed to account for certain profits made in 2013 and 2014, and also sought an injunction to prohibit the Defendants from continuing to place “Texas Thunder BBQ” in summer festival shows. The Defendants claimed that an agreement reached in 2010 between the parties had constituted a sale of the “Texas Thunder BBQ” trademark and, therefore, that they had the exclusive right to use the trademark. After an evidentiary hearing, the court rejected the Defendants’ arguments in finding that The Jenkins Law Group’s client did not transfer ownership of his trademark, but had instead licensed the trademark as part of the profit sharing agreement. As a result, The Jenkins Law Group’s client had the right to prevent defendants from continuing to use the “Texas Thunder BBQ” trademark.
Annette Allen v. Educational Consultants, Inc, and Dr. Eleanor Byrd
In April 2015, The Jenkins Law Group helped its client obtain an award of over $38,000 in wages from her former employer, in addition to an award close to $20,000 in enhanced damages under the Wage Payment and Collection Act.
Astor Plaza Condominium Association, et al. v Travelers Casualty and Surety Company of America and Merrimack Fire Ins. Co
In February 2015, The Jenkins Law Group won a $716,000 judgment after a bench trial in a declaratory judgment suit involving an insurance company’s refusal to defend or to indemnify individual officers and directors of a condominium association, in Astor Plaza Condominium Association, et al. v Travelers Casualty and Surety Company of America and Merrimack Fire Ins. Co. The Jenkins Law Group’s clients were officers and directors of a condominium association who had been sued by a unit owner for various claims. The Association had Directors and Officers Liability Coverage through Merrimack Fire Ins. Co. (“Merrimack”), but Merrimack refused to retain lawyers to defend the Association’s directors and officers in violation of its duty to defend under the insurance policy. After years of delay and vigorous opposition by the insurance company, the judge found in favor of the individual officers and directors, finding that Merrimack had breached its duty to defend the individuals, and additionally found that the insurance company had engaged in vexatious and unreasonable delay, therefore entitling The Jenkins Law Group’s clients to an award of attorney fees and other sanctions against the insurance company under section 155 of the Illinois Insurance Code.
