Notable Appeals

Moses’ father-in-law first suggested a hierarchy of courts (see Exodus 18:13-26), and cases today are not always won or lost at the trial level. Here are some notable decisions on appeals.

Arient v. Shaik, 2015 IL App (1st) 133969

Tom Patterson and Michael Haeberle defeated an opponent’s appeal after Patterson Law Firm handled the trial of the matter.  Patterson Law Firm was able to achieve an appellate win by arguing the opponent’s forfeiture of its right to appeal by its failure to file a post-trial motion following a jury trial. The case discusses the technical distinctions that trial and appellate lawyers should know that result from statute, Illinois Supreme Court rules and caselaw in order to preserve a client’s right to appeal, and the case is frequently cited for these principles.

Rosenberger v. United Community Bancshares, Inc. 2017 IL App (1st) 161102

Jefferey Katz and Michael Haeberle were retained to handle the appeal of summary judgment entered against their new client in a matter involving severance payments to a bank executive.  The case involved contract, federal banking statute, and employment law principles. Patterson law Firm was able to secure reversal of the summary judgment order to permit their client’s case to continue.

Harmon v. Gordon, 712 F.3d 1044 (7th Cir. 2013)

The 7th Circuit Court of Appeals affirmed the dismissal of Mr. Harmon’s claims of breach of contract, tortious interference, abuse of process, and malicious prosecution against NBA player Mr. Gordon.

Yessenow v. Executive Risk Indem., Inc., 953 N.E.2d 433 (1st Dist. 2011):

D & O insurance policy’s exclusion that bars coverage for claims brought by a bankruptcy trustee is unenforceable under the plain language of 11 U.S.C.  541(c) and policy’s “insured v. insured” exclusion does not bar coverage because the trustee is agent of the court.  

Hinc v. Lime-O-Sol Co., 382 F.3d 716 (7th Cir. 2004): 

Obligation of ‘good faith’ is not too vague to enforce.

In re: Marriage of Bennett, 131 Ill.App.3d 1050, 476 N.E.2d 1297 (2d Dist. 1985):

Modification of fee agreements to attorney’s advantage is presumptively fraudulent. The case was featured in the Chicago Tribune’s ‘On the Law’ column May 7, 1985.

Franklin v. FMC Corp., 150 Ill.App.3d 343, 501 N.E.2d 887 (1st Dist. 1986)

One of the leading cases on the intra state forum non conveniens doctrine (permits cases to be transferred between counties).

Heinrich v. Peabody, 117 Ill.2d 162, 510 N.E.2d 889 (1987): 

Patterson argued twice in the Illinois Supreme Court—is the definitive case on the pleading requirements for deciding who is responsible for the actions of an employee loaned by one company to another (loaned servant doctrine).

Interfaith Medical Center v. Sabiston, 527 N.Y.S.2d 48, 136 A.D.2d 238 (NY AD 1988): 

One of the leading cases in the nation on a private association’s right to enforce its own rules.

McKenzie v. Romeiser, 205 Ill.App.3d 830, 563 N.E.2d 837 (1990):

In a case briefed and argued by Patterson, Justice Jiganti stated: “Both counsel on appeal were especially good lawyers.”

Stofer v. First National Bank of Effingham, 212 Ill.App.3d 530, 571 N.E.2d 157 (5th Dist. 1991):

Doctrines of interference with contractual relations and duress.

Chemical Bank v. Paul, 244 Ill.App.3d 772, 614 N.E.2d 436 (1st Dist. 1993): 

One of the leading cases on the obligation of good faith in commercial dealings.

Welsh v. Boy Scouts of America, 993 F.2d 126 (7th Cir. 1993): 

The Boy Scouts could exclude atheists. The Chicago Tribune (June 19, 1991), Wall Street Journal (March 16, 1992) and Chicago Sun-Times (March 14, 1992) all covered this case. Patterson was quoted in the firm’s newsletter: “We represented God and won.”

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