Success Stories

The following are selected litigation successes in various areas of law. These victories do not include all of Lavelle Law, Ltd.’s trials before Judges or Juries, arbitrations, or victories by way of motion.

Commercial Litigation.

Call the Underground v. Regency Landscaping, Inc., Western Irrigation Inc. and Gilbert Hardy; Case No. 2012 L 000782

Lead Attorney: Matthew Sheahin

In the Circuit Court of DuPage County.
Lavelle Law represented Defendant Western Irrigation, Inc. in this case. The Plaintiff, a competitor in the lawn irrigation business, brought three claims against Western alleging tortious interference with contract, tortious interference with prospective economic advantage and violations of the Illinois Trade Secrets Act. The Litigation Team obtained a verdict in favor of Defendant, Western Irrigation Inc., and against the Plaintiff on all claims following a week long bench trial at the end of April, 2015. The Litigation Team was able to obtain a victory at trial by convincing the Court that Western committed no wrongful acts, but rather only engaged in legal competition for residential and commercial customers in need of irrigation service. The favorable verdict cleared Western Irrigation’s name and reputation in the community, which had been earned through hard work and determination over the past 30 years. Lavelle Law has been representing Western for over 20 years, and it was truly rewarding for the Litigation Team to achieve this victory and protect one of its long standing clients from an unfounded litigious attack.  

Hawkclones LLC. v. Orbit Energy Inc. and Aether DBS, LLS v. Orbit Energy Inc.

Lead Attorney: Matthew Sheahin

In the Circuit Court of DuPage County.
Lavelle Law, Ltd.’s Litigation Team obtained a victory for his out-of-state client, which does business in North Carolina but was sued in Illinois by an Illinois Company that had partnered with Lavelle Law Ltd.’s client in certain business deals. Lavelle Law, Ltd.’s Litigation Team successfully moved to dismiss both lawsuits for lack of personal jurisdiction, which effectively terminated the litigation without the need for protracted motions practice, discovery, or a trial.

Denison and Roatis and Triteq, Lock and Security, Inc. v. Gary Myers

Lead Attorney: Matthew Sheahin

In the Circuit Court of Cook County.
Lavelle Law, Ltd.’s Litigation Team obtained a Temporary Restraining Order (“TRO”) against the Defendant on behalf of his clients who filed suit in the Chancery Division. Lavelle Law, Ltd.’s Litigation Team was able to obtain a victory immediately at the outset of the case by convincing the Court to issue a TRO over the Defendant’s objections. Lavelle Law, Ltd.’s Litigation Team represented two shareholders that owned 50% of the company, Lavelle Law, Ltd.’s clients believed that their fellow shareholder, the Defendant, had formed a competing business and was using the Plaintiff company’s funds and trade secrets for the benefit of that competing business. The TRO enjoined and prohibited the Defendant from converting any of Plaintiff company’s money and restrained the Defendant from having access over any of the company bank accounts. Moreover, the Defendant was ordered to cease and desist from participating in any of the operations of the company and also enjoined from destroying any of the company’s documents or books and records. Litigation is ongoing with regards to money damages, but this victory allowed Lavelle Law, Ltd.’s clients to gain control of their business and prevent further waste and theft of the businesses assets by their fellow shareholder.

Siwa v. Cortez et al.

Lead Attorney: Matthew Sheahin

In the Circuit Court of Cook County.
Lavelle Law, Ltd.’s client was a shareholder who was being oppressed by her fellow shareholders. Lavelle Law, Ltd.’s Litigation Team filed suit alleging oppression of a minority shareholder and waste of corporate assets against the Defendants. Lavelle Law, Ltd.’s Litigation Team prosecuted the action and forced a sizeable monetary settlement, including the payment by the Defendants of outstanding tax liabilities assessed against the Plaintiff and an indemnification on all other corporate tax issues, mere weeks before trial.

Crates v. Johnson

Lead Attorney: Matthew Sheahin

In the Circuit Court of Cook County.
In this case, Plaintiff (Lavelle Law, Ltd.’s client), had loaned money to her boyfriend/Defendant. After Plaintiff and Defendant ended their relationship, Defendant refused to pay back the loan. Lavelle Law, Ltd.’s Litigation Team obtained a Default Judgment against the Defendant. Defendant filed a Motion to Quash Service, arguing that he was not at his residence on the date of service, and the person identified as receiving service on his behalf could not have been there either since he allegedly did not reside at the residence. After fighting through many delays caused by Defendant, Lavelle Law, Ltd.’s Litigation Team requested an evidentiary hearing in front of the Judge and demonstrated during cross examination that Defendant’s story was full of lies and inaccuracies. Lavelle Law, Ltd.’s Litigation Team also subpoenaed the airline which Defendant had testified he used when he was allegedly out of the country and not at his residence to demonstrate. Through the subpoenaed documents Lavelle Law, Ltd.’s Litigation Team was able to prove that Defendant was in the country at the time service was made. Lavelle Law, Ltd.’s Litigation Team also utilized Defendant’s credit card statements to demonstrate that Defendant was in the state of Illinois and not in Yugoslavia as he had testified in his deposition. After the evidentiary hearing, the Court denied Defendant’s Motion to Quash Service, struck the affidavit of Defendant, and found the Defendant to be “incredible” (a term of art indicating that a witness’ testimony is not reliable), thereby vindicating Lavelle Law, Ltd.’s client and securing judgment in favor of the Plaintiff.

Golden Haven Care Inc. v. Gulang

Lead Attorney: Matthew Sheahin

In the Circuit Court of Cook County.
Lavelle Law, Ltd.’s Litigation Team filed this case on behalf of his client, a home healthcare company, against one of their employees alleging conversion of corporate funds for Defendant’s personal use and demanding return of the company car. Defendant, after only a couple months of litigation, settled the case by voluntarily relinquishing all of her shareholder interest in the company, returning the car, and discontinuing her association with the company.

Fisher Paper v. Warnke et al.

Lead Attorney: Matthew Sheahin

In the United States District Court for the Northern District Court of Illinois.
Lavelle Law, Ltd.’s Litigation Team represented a Defendant who was accused of stealing Plaintiff’s trade secrets and other confidential information. Lavelle Law, Ltd.’s Litigation Team was able to resolve the case on behalf of his client in a couple months’ time with a small monetary payment and the promise by his client to cease and desist in the further dissemination of any alleged trade secrets. Lavelle Law, Ltd.’s Litigation Team was able to carve out exceptions in the settlement agreement that allowed his client to work for any competitor of Plaintiff in the same trade and industry, which was crucial to his client’s ability to continue with his career.

Northside Community Bank v. Act Realty Arianas / OTGC v. Act Realty

Lead Attorney: Matthew Sheahin

In the Circuit Court of Cook County / in the Circuit Court of DuPage County.
Plaintiff, Bank entered a Confession of Judgment against individuals who guaranteed a business loan on behalf of their corporation. Lavelle Law, Ltd. represented a group of shareholders that owned 50% of the company that defaulted on the loan. The Bank obtained judgment against one of Lavelle Law, Ltd.’s clients via a Confession of Judgment clause in the loan documents and froze the client’s assets. Lavelle Law, Ltd. successfully negotiated a settlement with the Bank which allowed Lavelle Law, Ltd.’s client to step into the shoes of the Bank and obtain all the rights and privileges that came with the Bank’s judgment, the settlement also required the Bank assign all of its rights under the Note and Guarantees to Lavelle Law, Ltd.’s client. Lavelle Law, Ltd. then created a new entity which stepped into the shoes of the Bank and pursued remedies against the other 50% shareholder, who had ceased communicating with his fellow shareholders and refused to pay anything towards the judgment amount. After litigating the matter in supplementary proceedings, Lavelle Law, Ltd. was able to force his opponent to give up his 50% share in the company for one dollar in exchange for a release and dismissal of the litigation. Lavelle Law, Ltd.’s clients now enjoy 100% ownership of the company, which owns a multipurpose commercial building that is now fully leased and operating at a profit.

Northside Community Bank v. Hueng Baek and Hyun Baek Lee

Lead Attorney: Matthew Sheahin

In the Circuit Court of Cook County.
Lavelle Law, Ltd. represented the Defendants in this matter, in which the Plaintiff obtained a judgment against the Defendants in excess of eleven million dollars ($11,000,000.00) via a confession of judgment clause contained in the applicable loan documents. The Plaintiff Bank then instituted supplementary proceedings and froze all of Lavelle Law, Ltd.’s clients’ bank accounts. Plaintiff also recorded liens on real estate owned by Lavelle Law, Ltd.’s clients and continued to vigorously pursue prosecute collection efforts. Lavelle Law, Ltd. successfully moved to Vacate the Confession of Judgment rendering the Banks’ judgment null and void. Lavelle Law, Ltd. also subsequently had all of the liens and citations against his clients dismissed and released, thereby freeing his clients from an enormous financial burden.

Barrington Bank v. Wojciak et al.

Lead Attorney: Matthew Sheahin

In the Circuit Court of Cook County.
Lavelle Law, Ltd. successfully obtained a judgment in favor of the bank on a Promissory Note and Guarantees against the Defendants and successfully defended against Motions to Vacate, Motions to Reconsider, and various other delay tactics until Defendant was forced to pay 100% of the amount outstanding plus interest and attorneys’ fees on the judgment amount.

Barrington Bank and Trust Company, N.A. v. Broadpeak Collaborative, Inc., Thomas J. Hrinowich, and Anthony S. Martorano

Lead Attorney: Matthew Sheahin

In the Circuit Court of Cook County.

The firm represented the Plaintiff/bank in this case involving a confession of judgment. The firm obtained a confession of judgment against the defendants within six days of filing the complaint. Thereafter, the firm pursued the judgment debtors/defendants through supplemental proceedings. Within three months of obtaining judgment, the firm had recovered the entire amount due and owing the Plaintiff/bank, including all court costs, attorney fees, and post-judgment interest.

America at Home Healthcare and Nursing Services, Ltd d/b/a Angels at Home Healthcare v. Michelle Buissereth-Reed, et al.

Lead Attorney: Matthew Sheahin

Lavelle Law represented the Plaintiff in this matter, the employer, against its former employee and her current employer. Despite executing an employment contract which restricted the individual Defendant from working for a competitor and from soliciting Plaintiff’s customer for six months following her termination, the individual Defendant voluntarily left Plaintiff’s employ and immediately began working for a competitor and began soliciting her former employer’s customers from the exact same location where she had previously worked for Plaintiff. Lavelle Law filed a Verified Complaint and a Motion for Temporary Restraining Order (“TRO”) seeking to enforce the restrictive covenants contained in the employment agreement. The Court granted the TRO and Lavelle Law was able to resolve the entire case in a matter of weeks with a fair and reasonable settlement that protected its client’s rights under its employment agreement.