Trial Results

1. Oak Brook Bank v. Crowley Barrett & Karaba, Case No. 04 L 1249, Circuit Court of Cook County, Law Division. Two week jury trial. Defended a real estate law firm in this legal malpractice action where the lender sued its lawyers after a construction loan went sour.  The plaintiff sought $17 million in damages and demanded the policy limits of $5 million for settlement. The jury returned a verdict of not guilty against all defendants. (2010). The case is on appeal.
2. John Deere & Co., Funk Manufacturing Co. v. Ohio Gear, a South Carolina Corp. and Regal-Beloit, a Wisconsin Corp.; Court No. 02-4011  (USDC – Peoria, IL) One week jury trial on the issue of damages following summary judgment on liability in the U.S. District Court in Peoria, Illinois. Defended a supplier to John Deere who was being sued to recover $4,800,000 for the costs of a John Deere product recall and replacement of defective parts. (2010). The case is on appeal.
3. Valley Air Service, Inc. v. Southaire, Inc., Case No. 06 C 0782 (N.D. Ill.).  Two week jury trial.  Defended an airplane dealer against fraud and breach of contract claims alleging that Cessna aircraft sold and used in charter operations was defective.  The plaintiff demanded $4.3 million immediately before trial. Jury returned a verdict of not guilty on fraud count and $40,696 on breach of contract count. (2009).  The case is on appeal. 
4. Victory Energy Operations LLC v. Connelly Roberts & McGivney, Case No. 02 L 342, Circuit Court of Cook County, Law Division. Three week jury trial.  Defended a law firm in this legal malpractice action regarding the formation of a business and litigation following the formation. The demand was $8.2 million. The jury returned a verdict of not guilty in behalf of all defendants. (2008). This verdict was affirmed on appeal.
5. Kramer v. Schiller, DuCanto and Fleck, Jury trial in the Circuit Court of County which resulted in a directed verdict in favor of the defendants, divorce lawyers at the close of plaintiffs case (2011)..
6. Unilever United States Inc. v. Landau Omahana Tucker & Progar, LLC, Case No. 02 L 12323, Circuit Court of Cook County, Law Division. Two week jury trial. Defended a defense firm in this legal malpractice action. Negligence was admitted while causation contested. Plaintiff sought $2,500,000. The jury returned a verdict in favor of the plaintiff in the amount of $798,000.  The trial court entered judgment notwithstanding the verdict in favor of the defendant. (2006).
7. Citizens Financial Services FSB v. David M. Richmond, William H. Metz, William H. Metz & Associates, Inc., Case No. 00 L 13629, Circuit Court of Cook County, Law Division. After six days of plaintiff’s case before a jury the court entered a directed verdict. Defended an appraiser who was sued by the bank claiming that the property was over-valued at the time a loan and mortgage was placed. (2005). Affirmed on appeal.
8. Deborah Ritchey v. Harold Nations, Holleb & Coff, Case No. 01 L 13473, Circuit Court of Cook County, Law Division. Two week jury trial. Defended  a securities lawyer in this legal malpractice action regarding corporate securities transaction. The plaintiff demanded $491,000 and asked the jury for a verdict in the amount of $590,000.  The jury returned a verdict of not guilty. (2004). Affirmed on appeal.
9. Wendy Weisman v. Schiller DuCanto & Fleck, Ltd., Case No. 00 L 13656, Circuit Court of Cook County, Law Division. Two week jury trial.  Defended a prominent divorce law firm in this legal malpractice action where the plaintiff asked the jury for $5,500,000. The jury entered a verdict of not guilty on all counts. (2004).  Affirmed on appeal. 368 Ill.App.3d 41.
10. Howard Conway v. Lynch Automotive Group, Case No. 00 M1 148782, First District Municipal Division. Four day jury trial. Defended a car dealership. Verdict was entered in behalf of plaintiff in a consumer fraud case. The trial court vacated the verdict and entered judgment in behalf of the defendant. (2003).
11. Rose Nuccio v. Frank J. Lynch Motors, Inc., Case No. 93 LM 2922, DuPage 18th Judicial Circuit.  One week jury trial. Defended a car dealership.  Not guilty was entered in behalf of the defendant in a consumer fraud case where the plaintiff alleged that there was a bogus transaction regarding her guarantee. (1995).
12. Bliss & Laughlin Steel Co. v. TRW Koyo Steering Systems, Case No. 91 C 4993, United States District Court, Northern District of Illinois.  One week jury trial. Defended TRW in an action brought by a steel rod supplier.  In that case the jury returned a verdict against TRW in the amount of $279,553. (1994).
13. Komat Scientific Inc. v. TRW Inc, Case No. 92 C 2810, United States District Court, Northern District of Illinois.  This case involved the defense of TRW in a business suit where a commission in the amount of $220,000 was sought. The jury returned a verdict of not guilty. (1994).
14. DeToro v. Meridian Title Service, Case No. 82 C 561, United States District Court in Milwaukee, Wisconsin. Ten day jury trial before District Judge Terrence Evans.  Represented plaintiff, a real estate developer, against his title company whose president embezzled funds from plaintiff’s escrows. The jury returned a verdict in the amount of $787,500 in racketeering damages, $390,000 for a breach of fiduciary duty and $330,000 for fraud. (1987).
15. Peerless Industries, Ave. v. Crimson AV et al. (Case No. 11 C 1768 (N.D. Ill). Bench trial regarding a preliminary inquisition sought to prevent a Chinese manufacturer from selling competing products under a restrictive covenant. (2011)
16. Evanston Insurance Co. v. George E. Riseborough, individually and as agent of Jacobson & Riseborough and Reid Jacobson individually and as agent of Jacobson & Riseborough  Court No. 97 CH 8944; 98 CH 8602 (Consolidated). Ten (10) day bench trial in Cook County, Chancery Division before Judge Billik in behalf of Evanston Insurance Company to enforce a fund and fight agreement which sought reimbursement of $1,000,000 advanced by Evanston to settle underlying personal injury suit. (2010).
17. Mintel International Group, Ltd. v. Meesham Neergheen, an individual; Court No. 08 cv 3939.One week bench trial in the U.S. District Court before Judge Dow in behalf of Mintel obtaining an injunction to enforce an employment restrictive covenant agreement. (2009).
18. Cyclonaire Corp v. ISG Riverdale, Inc. (Cir. Ct. Cook County 2006) Bench trial to enforce a mechanics lien.
19. Liebert Corporation, v. John Mazur;  Court No. 04 CH 2139. One week bench trial in Cook County, Chancery Division,  before Judge Sophia Hall in behalf of Liebert Corporation for  injunction against defendants, former distributor and its employees, for violation of the Illinois Trade Secrets Act. (2004). The trial court refused to enter the injunction. The First District Appellate Court (Judge Wolfson) reversed and ultimately entered the injunction. 357 Ill.App.3d 265 (2005).
20. Racing Properties L.P., a Florida corporation v. L.T. Baldwin, III;   Court No. 01-8186 CA 30  (Miami-Dade County, FL) Three day bench trial in Dade County, Florida, to enforce a settlement agreement in the amount of $2,800,000 regarding the sale of the company that manufactures cigarette boats. (2003).
21. John R. Staib and PPC Acquisition Corp. v. Preprint Publishing Co., Inc.; Court No. 96-455-CIV-J-21C (USDC Jacksonville, FL) Six day bench trial in the U.S. District Court in Jacksonville, Florida, in behalf of the plaintiff to enforce an agreement to the purchase of a business that sells print marketing in northern Florida. (1997).
22. William Anaya v. Four Oaks Group;  Circuit Court Nineteenth Judicial Circuit, Lake County Court No. 03 L 583. Two week jury trial in Lake County, Illinois in defense of lawyer and his former firm. Not guilty in behalf of the attorney defendant. (2005).
23. Legacy, Inc. v. Tekserve POS, LLC, U.S. District Court, Northern District; Court No. 1-05-05431. Five day bench trial in the U.S. District Court in Chicago before Judge Shadur in behalf of plaintiff seeking an injunction against its former employee and its competitor who hired that employee. (2006).
24. Robert Bein & Geoffrey Fushi v. Fritz Reuter and Fritz Reuter & Sons, Circuit Court Cook County, Chancery Division Court No. 88 CH 11037. One week bench trial in the Chancery Division of the Circuit Court of Cook County before Judge Hourihan in behalf of Bein & Fushi seeking an injunction and damages for commercial defamation by a trade competitor in the business of buying and selling Stradivarius violins. (1992).
25. One Ten Hager v. Philip, Arbitration Case No. 51-180-0148-92P. Two week formal arbitration trial seeking an accounting and damages for investments in a partnership dispute. (1992).
26. Zimmerman v. McBaldwin Financial Co., Arbitration Case No. 51-116-0139-93P. Defended investment company in a six day formal arbitration trial for breach of contract seeking $900,000 in damages, fees and costs. The finding was for not guilty in behalf of the respondent. (1993).
27. Insurance Co. of No. America v. Ruby, Circuit Court Cook County, Law Division, 91 L 10811. Jury trial before Judge Richard Elrod. Prosecuted an action in behalf of plaintiff to enforce a surety agreement placed as collateral in a real estate venture that failed. Judgment entered in behalf of the plaintiff.
28. Vincus v. Rhino Bldrs, Inc., 87 L 1507. A two week jury trial in Lake County, Illinois before the Honorable Alvin L. Singer. Represented home owner in this suit against the builder alleging faulty construction. Judgment entered in behalf of the plaintiff. (1989).
29. Cannon USA v. Gallagher, Two week bench trial in Chancery, Court of Cook County, before Judge Wosik  defending an action for breach of contract and fraud. Finding in behalf of the defendant.  (1982?)
30. Graham v. Mimms Two week bench trial in the Chancery Division of the Circuit Court of Cook County before the Honorable Donald J. O’Brien, Sr. The case involved a dispute between partners who were owners of a condominium conversion company. The trial was followed by a four day trial on the issue of an appropriate appeal bond. The decision is one of the first in Illinois on the doctrine of corporate opportunity.  111 Ill.App.3d 751 (1982).

Published Opinions

1. Ellerman, v. Clark Products, Inc., 67 Ill.App.3d 848, 384 N.E.2d 940 (1st Dist. 1978)
2. Graham, v. Mimms, 111 Ill.App.3d 751, 444 N.E.2d 549 (1st Dist. 1982)
3. Perimeter Exhibits, Ltd. v. Glenbard Molded Binder, 122 Ill.App.3d 504, 461 N.E.2d 44 (2nd Dist. 1984)
4. Lynch Imports, Ltd. v. Frey, 200 Ill.App.3d 781; 558 N.E.2d 484 (1st Dist. 1990)
5. Gillis Associated Indus., Inc. v. Cari-All, Inc., 206 Ill.App.3d, 564 N.E.2d 881 (1st Dist. 1990)
6. Lecrone v. Leckrone, 220 Ill.App.3d 372, 580 N.E.2d 1233 (1st Dist. 1991)
7. Automatic Sprinkler Corp of America v. Darla Envtl. Specialists, Inc., 53 F.3d 181 (7th Cir. 1995)
8. Singh v. Curry, 1995 U.S. App.LEXIS 31444 (7th Cir. Aug. 2, 1985)
9. Sparrow, v. Heller, 116 F.3d 204 (7th Cir. 1997)
10. Nordby v. Anchor Hocking Packaging Co., 199 F.3d 390 (7th Cir. 1999)
11. Jackson, v. American Loan Co., 202 F.3d 911 (7th Cir. 2000)
12. Janikowski v. Lynch Ford, Inc., 210 F.3d 765 (7th Cir. 2000)
13. 3M Corp. v. Elec. Recovery Specialists, Inc., 104 F.Supp. 2d 932 (N.D. Ill. 2000)
14. Mobil Oil Corp. v. Flores, 175 F.Supp. 2d 1080 (N.D. Ill. 2001)
15. Sterling Radio Stations, Inc., v. Weinstine, 28 Ill.App.3d 58, 765 N.E.2d 56 (1st Dist. 2002)
16. Lesch v. Crown Cork & Seal Co., 282 F.3d 467 (7th Cir. 2002)
17. Hanna v. FDIC, 2002 U.S. Dist. LEXIS 22124, November 13, 2002
18. Fasti USA v. Fasti Farrag & Stipsits GmbH, 2002 U.S. Dist. LEXIS 22840; 49 U.C.C. Rep. Serv. 2d (Callaghan), November 26, 2002
19. Fasti v. Fasti Farrag & Stipsits GmbH, 2003 U. S. Dist. LEXIS 4820, March 25, 2003
20. Riddell, Inc. v. Monica, 2003 U.S. Dist. LEXIS 13053, July 23, 2003
21. Racing Props., L.P. v. Baldwin, 885 So. 2d 881; 2004 Fla. App. LEXIS 12492; 29 Fla. L. Weekly D 1946, August 25, 2004
22. Sales & Leasing, LLC v. Quilt Prot. Inc., 2004 U.S. Dist. LEXIS 21610, October 24, 2004
23. Rodriguez v. Lynch Ford, Inc., 2004 U.S. Dist. LEXIS 23663, November 16, 2004
24. Lopez v. Clifford Law Offices, P.C., 362 Ill.App.3d 969, 841 N.E. 2d 465 (1st Dist. 2005)
25. Liebert Corp, v. Mazur, 357 Ill.App. 3d 265, 827 N.E.2d 909 (1st Dist. 2005)
26. Hyundai Motor Co. v. Ill. Nat’l Ins. Co., 2005 U.S. Dist. LEXIS 10366 (N.D. Ill. May, 12 2005)
27. Aircraft Gear Corp. v. Marsh, 2005 U. S. Dist. LEXIS 14257, July 15, 2005
28. Weisman v. Schiller DuCanto & Fleck, Ltd., 368 Ill. App. 3d 41, 856 N.E.2d 1124 (1st Dist. 2006)
    MC Baldwin Fin. Co., v. DiMaggio, Rosario & Veraja, LLC, 364 Ill.App. 3d, 845 N.E.2d 22 (1st Dist. 2006)
29. Valley Air Serv. Inc. v. Southaire, Inc. 2006 U.S. Dist. LEXIS 91326 (N.D. Ill. Dec. 15, 2006)
30. G.E. Warranty Mgmt. v. Good Guys, Inc. 2006 U.S. Dist. LEXIS 74259 (N.D. Ill. 2006)
31. Wolf Creek Nuclear Operating Corp. v. Framatome ANP, Inc., 416 F. Supp. 2d 1081; 2006 U. S. Dist. LEXIS 7775, February 27, 2006
32. Seko Worldwide LLC v. Four Soft Ltd., 503 F.Supp. 2d 1059 (N.D. Ill. 2007)
33. Legacy Inc. v. Tekserve POS LLC, 2007 U.S. Dist. LEXIS 21890 (N.D. Ill. March 12, 2007)
34. Dryco, LLC v. Portable HVAC Equip., Inc., 2007 U.S. Dist. LEXIS 47656 (N.D. Ill. June 28, 2007)
35. Hill v. Lynch Chevrolet, Inc., 2007 U.S. Dist. LEXIS 100601, July 19, 2007
36. Seko Worldwide, LLC v. Four Soft Ltd., 503 F. Supp. 2d 1059; 2007 U.S. Dist. LEXIS 62529, August 24, 200712.      
37. Cyclonaire Corp. v. ISG Riverdale, Inc., 378 Ill. App. 3d 554; 882 N.E.2d 684; 2007 Ill. App. LEXIS 1388; 317 Ill. Dec. 804 (1st Dist. December 31, 2007)
38. Jerome Enters, LLC v. GSJ Co., LLC, 2008 U.S. Dist. LEXIS 15975, February 28, 2008
39. Castle Cheese, Inc. v. MS Produce, Inc., 2008 U.S. Dist. LEXIS 71053, 2008 U.S. Dist LEXIS 91717 (W.D. Pa., Nov. 12, 2008)
40. Dace v. Bartholomew, 2008 U.S. Dist LEXIS 93612, November 18, 2008
41. Baldwin Graphic Sys. v. Siebert, Inc., 2008 U.S. Dist. LEXIS82991, 2009 U.S. App. LEXIS 24538 (Fed. Cir., Jan. 27, 2009)
42. Muslim Cmty. Ctr. v. Vill. of Morton Grove, 392 Ill. App. 3d 355; 910 N.E.2d 705; 2009 Ill. App. LEXIS 411; 331 Ill. Dec. 296, (1st Dist. July 27, 2009)
43. Moede v. Pochter, 701 F. Supp. 2d 997; 2009 U.S. Dist. LEXIS 76970, August 27, 2009
44. Muro v. Target Corp., 2009 U.S. App. LEXIS 19486 (7th Cir. Ill., Aug. 31, 2009)
45. Dryco, LLC v. ABM Indus., 2009 U.S. Dist. LEXIS 97610, October 16, 2009
46. Armstrong v. Antique Auto. Club of Am., 670 F. Supp. 2d 387; 2009 U.S. Dist. LEXIS 104666, November 9, 2009
47. Moede v. Pochter, 710 F. Supp. 2d 683; 2009 U.S. Dist. LEXIS 108834, November 20, 2009
48. Sirazi V. Panda Express, Inc., 2009 U.S. dit. LEXIS 109558, November 24, 2009
49. Mintel Int’l Group, LTD. v. Neergheen, 2010 U.S. Dist. LEXIS 2323; 30 I.E.R. Cas. (BNA), January 12, 2010
50. Atlas Copco Constr. Mining Techque USA, LLC v. India Energy Servs. Co., LLC, 2010 U.S. Dist. LEXIS 31541, March 31, 2010
51. Mass. Mut. Life Ins. Co. v. Certain Underwriters at Lloyd’s of London, 2010 Del. Ch. LEXIS 156, (Del. Chancery Court, June 22, 2010)
52. Huon v. Johnson & Bell, Ltd., 2010 U.S. Dist LEXIS 89289, August 26, 2010
53. Arlin-Golf, LLC v. Vill. of Arlington Heights, 2010 U.S. Dist. LEXIS 21972, 2011 U. S. App. LEXIS 1188 (7th Cir. Ill., Jan. 21, 2011)
54. John Deere & Co. v. Ohio Gear, 2011 U.S. Dist. LEXIS 35235, March 31, 2011
55. United States ex rel. Wildhirt v. AARS Forever, Inc., 2011 U. S. Dist. LEXIS 37122, April 6, 2011
56. Yes Lifts, LLC v. Normal Indus. Materials, 2011 U.S. Dist. LEXIS 49553; May 9, 2011

Author

1. Appealing An Administrative Ruling: The Basics (Click Here for Article.)
2. Are Communications With A Jury Consultant Privileged Communications? (Click Here for Article)
3. Belay That Order (Click Here for Article)
4. Cta? Cya! (Click Here for Article)
5. Debt Be Not Proud (Click Here for Article)
6. Electronic Discovery: Dealing with Disclosure of Metadata, Vol. 7 No. 1, Illinois Bar Journal (2009)
7. Illinois E-Discovery: Looking For Highway Signs (Click Here for Article)
8. ISBA Mutual Updates: Errata: The Illinois Supreme Court Accepts And Does Not Remand Piagentini II  (Click Here for Article)
9. ISBA Mutual Updates:  Piagentini To Get A Hudson Makeover And The Metropolitan Transit Authority Becomes Unnoticeable (Click Here for Article)
10. New Supreme Court Ruling Serves As Warning for Lawyers To Think About Res Judicata Consequences Before Voluntarily Dismissing Claims, April 2008 (Click Here for Article)
11. Pitfalls of Pattern-alism (Click Here for Article)
12. Pitfalls of Pattern-alism: Part II (Click Here for Article)
13. Protecting The Privilege Of Attorney Investigations (Click Here for Article)
14. Stamping Out Real Estate Fraud: Amendments To The Illinois Notary Public Act (Click Here for Article)
15. Statute of Limitations (Click Here for Article)
16. The Curious Case of the Arbitrators Who Did Not Arbitrate (Click Here for Article)
17. The Federal Rules They Are A-Changin’ (Click Here for Article)
18. The Frying Pan and the Fire: Attorneys Exploiting the Attorney Exemption in the Mortgage Rescue Fraud Act Might Get Burned (Click Here for Article)
19. Tolling Agreements: A Trap For the Unwary (Click Here for Article)
20. What Goes Around, Qualcomms' Around; (Click Here for Article)
21. In "Eligible" IOLTAs We Trust (Click Here for Article)

Lecturer

Mr. Marconi is a frequent lecturer on topics pertaining to business litigation, tort reform, and legal and accounting malpractice.  These include:

1. Legal Malpractice Update, 1994-1996 for the defense counsel panel of the ISBA Mutual Insurance Company
2. Accountants Liability, during the Illinois State Bar Association’s Midyear Meeting, 1995
3. The Role of Experts in Defending an Accountant, during the 1995 Annual Litigation Services Conference of the Illinois CPA Society/ Foundation 
4. Autopsy of a Runaway Discrimination Verdict:  Changing Hindsight to Foresight, during a conference of the Labor & Employment Practice Group of ALFA International, 2001
5. Trade Secrets, the Business Litigation Practice Group of ALFA International, 2002
6. Discovery, Document Retention and E-Discovery in a Post-Enron World, ALFA International, 2005
7. What Keeps General Counsel Up At Night, ALFA International, in 2008
8. Ethics and E-Discovery, ALFA International, in 2008
9. Keeping Economic Damages Down: Advanced Application of Basic Concepts, ALFA Business Seminar, 2011
10. Ethical and Legal Obligations of a Corporate Director, ISBA Mutual Insurance Company, 2011
11. Agents and Brokers Professional Liability, ALFA International, 2011
12. Ethical Issues in Family Law Practice, panel discussion at the American Academy of Matrimonial Lawyers, Illinois chapter, 2011. Mr. Marconi's co-presenter was Donald C. Schiller of Schiller, DuCanto & Fleck, LLP. The panel included Judges Edward R. Jordan, Naomi H. Schuster, Mark J. Lopez, all of the Circuit Court of Cook County, Domestic Relations Division.

Other speeches given include:

1. Tort Reform - What Does it Mean for Legal and Accounting Malpractice, ISBA Law Ed, 1995
2. Third Party Practice, ISBA Law Ed, 1994
3. Lost Profits, Moorman, Punitive Damages, Consequential Damages, for the Chicago Bar Association in 1993 and 1995
4. Initial Case Evaluation and Development of Legal Theories, Chicago Bar Association, 1994
5. Pleading and Proving Damages, Defenses of Mitigation of Damages and Fraud in the Inducement, Lost Profits, Moorman, Punitive Damages, Consequential Damages, Chicago Bar Association, 1993