CGW Obtains Favorable Directed Verdict in Breach of Fiduciary Duty Claim

Jim Wideikis

Shawn Staples and Jim Wideikis obtained a favorable outcome for their clients in a week-long federal jury trial in the Northern District of Indiana, Hammond Division. Jim and Shawn were retained as parachute counsel to try the case, after written and oral discovery had already formally closed. Jim and Shawn's predecessor counsel did not take the plaintiff's deposition, and Shawn and Jim were left at trial to cross examine her without any deposition transcript.

The lawsuit alleged that Jim and Shawn's clients terminated the plaintiff, another shareholder of the privately held corporation, for cause, and did so solely as a pretext to devalue her stock shares.  The agreement at issue provided that if a shareholder was terminated for cause, that shareholder's stock shares would be worth 50% of the share's pre-determined or par value.

Shawn Staples

The plaintiff alleged that Jim and Shawn's clients breached the agreement by improperly firing the plaintiff for cause, and further alleged that Jim and Shawn's clients breached fiduciary duties of loyalty and care to the plaintiff in numerous ways.

Following the close of evidence, Jim and Shawn were able to direct the verdict on the breach of fiduciary duty claim, which carried the potential for punitive damages under Indiana law and was an intended line item of damages on the jury verdict form. As to the remaining count, the jury returned a verdict against Jim and Shawn's clients for $550,000, which represents a fraction of the plaintiff's last demand and significantly less than the federal magistrate recommended prior to trial.

Jim Wideikis and Shawn Staples Win Arbitration in Dispute Between Homeowner and Renovator

Shawn Staples

CGW prevailed at arbitration through the American Arbitration Association (“AAA”).  Jim Wideikis and Shawn Staples represented a well known general contractor that renovated a high end home in Western Springs, a Cook County suburb located about 25 miles west of Chicago. The homeowners sued the general contractor for allegedly breaching their contract.

Jim and Shawn were specifically retained to represent the client at arbitration, and replaced the client’s previous law firm as the arbitration date approached. They successfully persuaded the arbitration panel that; not only did the general contractor not breach the contract, but in fact, the homeowners did. The panel agreed with Jim and Shawn, awarding their client 100% of the consequential damages requested.

Jim Wideikis

After the panel came to their decision, Jim stated, “This was a contentious dispute involving parties that live in the same small town, literally minutes away from each other.  We commend the panel for listening to the witness testimony, carefully considering the evidence, and making what we believe was the right decision.”

CGW Wins MSJ after Plaintiff Voluntarily Stops on Highway Causing Multi-car Collision

Shawn Staples

2018-L-006190 (Cook County, Illinois)

Matt Pierotti and Shawn Staples won summary judgement on a case involving a multiple vehicle traffic accident on I 90/94 in the Circuit Court of Cook County. The Plaintiff was a young woman who claimed she stopped and attempted to help Matt and Shawn’s client, who lost control of his car during inclement weather. After Plaintiff stopped her vehicle, she was rear ended twice by two other Defendants on the highway. Plaintiff complained of continuing knee pain from the accident, and underwent surgery. Even after surgery she claimed her pain persisted and secured an expert to opine as to the necessity of future surgery.

Prior to trial, Plaintiff made a settlement demand to all three Defendants totaling $500,000, and just before the trial was scheduled to begin, Plaintiff settled with and dismissed the two other Defendants who had struck Plaintiff’s vehicle. This left Matt and Shawn’s client as the only remaining Defendant.

Matt Pierotti

Matt and Shawn moved for leave to file a motion for summary judgment, arguing that the posture of the case was significantly altered by the dismissal of the two other Defendants. Matt and Shawn argued that even accepting Plaintiff’s factual account as completely accurate, their client’s actions could not have been a proximate cause Plaintiff’s injuries as their client never touched Plaintiff’s vehicle. Their client simply caused the condition by which Plaintiff was injured: and based upon binding precedent from the Illinois Supreme Court, only the dismissed Defendants could be held legally responsible for Plaintiff’s injuries. While Plaintiff argued that there were still issues of fact to be considered by a jury, the Judge held otherwise. “In short, [Plaintiff] cannot establish proximate causation because her action in pulling over and stopping in the lane of the expressway to render aid was not something [The Defendant] could have reasonably foreseen or anticipated, rendering the injuries she suffered from the collisions by the dismissed Defendants themselves unforeseeable.”

Matt and Shawn were thrilled with this result for their client, which avoided the additional time and expense of trial.