Litigation

At The Sterling Law Office, we fully assess the merits of a case at the outset of a dispute and form a strategy that fits the legal and business needs of our clients. We understand that efficiency, creativity and sound judgment are critical for intelligently pursuing and resolving such disputes.

In addition, while cases must be litigated with an eye towards trial, we understand that at all times we must strive to achieve the best possible result at a reasonable cost. We aim to evaluate the motivations and outlook of of all stakeholders in a dispute, in order to best position our clients in achieving settlement.

Our areas of litigation practice include the following:

 Representative Matters: 

• Obtaining summary judgment in the amount of $486,000 for a commercial real estate brokerage firm on a broker lien claim for seller's failure to refer all prospective buyers to agent, with the appellate court affirming that decision on appeal. See AMA Realty Group of Illinois, LLC v. Melvin M. Kaplan Realty, Inc., 2015 IL App (1st) 143600.  

• Obtaining summary judgment in an action to recover client's earnest money, upgrade fees, and accrued interest in connection with her contract to purchase a condominium and successfully dismissing defendant's appeal for lack of jurisdiction. See Gloria Won v. Grant Park 2, L.L.C., 2013 IL App (1st) 122523.  

• After trial, obtaining a $280,000 judgment for unpaid rent, interest, and attorneys' fees for commercial landlord and successfully defending against tenant's counterclaims for fraud and breach of contract.   

• After filing a motion to dismiss subcontractor's $350,000 mechanics lien and breach of contract claims, achieving settlement for general contractor and owner with zero payment to subcontractor.

• Upon filing an action for a constructive trust over funds deposited and intended for sub-subcontractors but swept by bank, obtaining an agreed judgment of $675,000 from subcontractor and settlement with bank in favor of general contractor.

• Obtaining dismissal of a $300,000 liquidated damages claim against homeowners who terminated a home renovation construction contract.

• Obtaining summary judgment in the amount of $28,000 for a commercial real estate brokerage firm on a broker lien claim for an unpaid lease commission, plus interest and attorneys' fees totaling an additional $34,000.   

• Obtaining dismissal of a federal case alleging breach of contract, common law fraud, conversion, and violations of the Racketeer Influenced and Corrupt Organizations Act ("RICO").

• After mediation, attaining more than a quarter-million dollar settlement in favor of real estate investment firm in an action for breach of contract and fraudulent inducement stemming from the purchase of a shopping center. 

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• Obtaining monetary settlement in favor of defendant-sellers of residential property in defending against buyers' claims for breach of contract, fraudulent inducement, and violation of the Residential Real Property Disclosure Act.  

• Obtaining monetary settlement in favor of homeowners in a breach of contract and consumer fraud action and in defending against home renovation construction company's mechanics lien and breach of contract claims.

• After a federal trial, obtained a judgment for recission of a real estate transaction based on the Seller's fraud for concealing and failing to disclose a known environmental condition of the property. The judgment included an award of all attorneys' fees and costs.

• After trial, obtained a judgment on behalf of prospective buyers of a business against a business broker, its principals, and a successor corporation for mishandling and theft of earnest money, including an award of attorneys' fees under the Illinois Consumer Fraud and Deceptive Business Practices Act.