September 2010

Guolee Obtains Dismissal of Clients in Two Serious Claims

Chicago shareholder Terrence Guolee recently obtained the dismissal of claims against his clients in two serious lawsuits. In this first case, Terrence represented a manufacturer of metal "threaded rods" used in the construction of a work stage involved in an accident at a Deep Tunnel project worksite on Northerly Island in Chicago. In the case, it was alleged that threaded rods snapped, causing the stage to heave under the pressure of the crane lifting it, resulting in the traumatic amputation of a tunnel worker's leg. Through analysis of project records, Terrence was able to document that the rods were manufactured to relevant specifications and that there was no proper way for the claimant to show that the client's threaded rods were used on the stage in question. Following presentation of these defenses, Terrence's client was dismissed from the matter.

Terrence also obtained an order dismissing a class action claim filed against an international Internet retailer charged with violating the Fair and Accurate Credit Transactions Act, 15 U.S.C. § 1681et seq. (FACTA). In the case, the plaintiff purchased a book over the Internet and received an electronic e-mail confirmation. Because that confirmation allegedly reflected the expiration date of the credit card used for the purchase, plaintiff sued and sought class action status. Following the development of Seventh Circuit appellate authority rejecting such claims based on the reading of FACTA to apply "only to receipts that are electronically printed," and "provided to the cardholder at the point of the sale or transaction," the case was dismissed without the need for expensive discovery or class certification litigation.

Q&H Defeats Another Police Excessive Force Claim at Trial

Chicago shareholders Brandon Lemley and April Walkup obtained a "not guilty" verdict recently in a civil rights trial in the Federal District Court for the Northern District of Illinois, Eastern Division, alleging the excessive use of force against the Village of Oak Lawn and one of its police officers.

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