Hawkclones LLC. v. Orbit Energy Inc. and Aether DBS, LLS v. Orbit Energy Inc.In the Circuit Court of DuPage County.
Jan 01, 2011
OUTCOME: Mr. Sheahin 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.
Mr. Sheahin 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 ce...rtain business deals.
Litigation
Crates v. Johnson
Jan 01, 2007
OUTCOME: Judgment for Plaintiff
In this case, Plaintiff (Sheahin's client), had loaned money to her boyfriend/Defendant. After Plaintiff and Defendant ended their relationship, Defendant refused to pay back the loan. Sheahin 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, Sheahin requested an evidentiary hearing in front of the Judge and demonstrated during cross examination that Defendant’s story was full of lies and inaccuracies. He 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 Mr. Sheahin was able to prove that Defendant was in the country at the time service was made. He also introduced 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 his client and securing judgment in favor of the Plaintiff.
Litigation
Denison and Roatis and Triteq, Lock and Security, Inc. v. Gary Myers
N/A
OUTCOME: TRO granted. Litgiation remains pending
Mr. Sheahin obtained a Temporary Restraining Order (“TRO”) against the Defendant on behalf of his clients who filed suit in the Chancery Division. Mr. Sheahin was able to obtain a victory immediately a...t the outset of the case by convincing the Court to issue a TRO over the Defendant’s objections. He represented two shareholders that owned 50% of the company, and his 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.
Litigation
Fisher Paper v. Warnke et al. In the United States District Court for the Northern District Court of Illinois.
N/A
OUTCOME: settled
Mr. Sheahin represented a Defendant who was accused of stealing Plaintiff’s trade secrets and other confidential information. Sheahin was able to resolve the case on behalf of his client in a couple mo...nths’ 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. He was Also 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.
Litigation
Northside Community Bank v. Act Realty Arianas / OTGC v. Act Realty
N/A
OUTCOME: settled
Plaintiff, Bank entered a Confession of Judgment against individuals who guaranteed a business loan on behalf of their corporation. Mr. Sheahin represented a group of shareholders that owned 50% of the... company that defaulted on the loan. The Bank obtained judgment against one of Sheahin's clients via a Confession of Judgment clause in the loan documents and froze the client’s assets. Mr. Sheahin successfully negotiated a settlement with the Bank which allowed his 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 Sheahin's client. Sheahin 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.
Litigation
Northside Community Bank v. Hueng Baek and Hyun Baek Lee
N/A
OUTCOME:
Mr. Sheahin 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 judgmen...t 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. Mr. Sheahin successfully moved to Vacate the Confession of Judgment rendering the Banks’ judgment null and void. Mr. Sheahin also subsequently had all of the liens and citations against his clients dismissed and released, thereby freeing his clients from an enormous financial burden.
Litigation
Barrington Bank v. Wojciak et al.
N/A
OUTCOME: Judgment for Plaintiff
Mr. Sheahin 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.
Litigation
Barrington Bank and Trust Company, N.A. v. Broadpeak Collaborative, Inc., Thomas J. Hrinowich, and Anthony S. Martorano
N/A
OUTCOME: Judgment for Plaintiff
Mr. Sheahin represented the Plaintiff/bank in this case involving a confession of judgment. He obtained a confession of judgment against the defendants within six days of filing the complaint. Thereaft...er, 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.
Litigation
America at Home Healthcare and Nursing Services, Ltd d/b/a Angels at Home Healthcare v. Michelle Buissereth-Reed, et al.
N/A
OUTCOME: TRO granted. Case settled.
Mr. Sheahin 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 Defend...ant 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. Sheahin 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 Mr. Sheahin 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.
Litigation
HEaling to Heal another v. JB Tate. et. al.
N/A
OUTCOME: Pending. Sale of company is imminent.
Mr. Sheahin represented the minority group of shareholders who were named as Defendants and filed Counterclaims on their behalf. Mr. Sheahin obtained sanctions against his opponents for their violati...on of a TRO. The case was tried in June, 2012 and the Court entered judgment in favor of Sheahin's clients and ordered that their shares be bought out for fair market value by individual Counter-Defendant, Simon Nwokenkwo or that the company be sold to pay Sheahin's clients the amounts they are due.
