Momkus McCluskey LLC Announces New Partner
DuPage law firm promotes commercial litigator Lauryn Parks to leadership role
"The members and other partners agreed that Ms. Parks was perfectly suited to assume the duties and responsibilities of partner."
Ms. Parks joined Momkus McCluskey LLC in 2007, and provides a wealth of knowledge in matters of employment litigation, commercial litigation and business disputes. Her experience includes all aspects of litigation and appellate law, as well as consulting with and advising employers and business executives on matters of employment agreements, restrictive covenants, compensation issues, employee handbooks, and employee separations.
“The members and other partners agreed that Ms. Parks was perfectly suited to assume the duties and responsibilities of partner,” stated the firm’s Managing Partner, Jennifer Friedland. “We are confident that the knowledge and energy she brings to her practice of the law will continue benefitting all our clients, while providing great leadership to our team of attorneys.”Read more ...
Successful Motion for Summary Judgment in Cook County Healthcare Provider Defense Case
Attorney Matthew A. Arnold and Associate Kristy K. Singler recently successfully litigated a pressure ulcer case on behalf of a healthcare provider in Cook County. The judge granted their motion for summary judgment dismissing the healthcare provider. The judge ruled the Plaintiff failed to establish a cause of action against the healthcare provider based upon the records and deposition testimony from the healthcare provider’s nurses.
There were well over 40,000 pages of records, and the Plaintiff claimed nearly $1 million in damages for a pressure ulcer which was the size of a dinner plate when the patient passed away. The team from Momkus McCluskey LLC exhibited exceptional skills in file management and discovery. The team not only kept the care by the healthcare provider from being criticized by the Plaintiff’s experts, they were able to convince the Plaintiff’s attorney that keeping the healthcare provider in the lawsuit would not be in the Plaintiff’s best Read more ...
RUFADAA: What is It... Why We Should Be Concerned About Its Affect on Estate and Financial Planning
Author: Neil Goltermann
Our burgeoning online lives augers of a new world in matters of estate and financial planning, as well as the management of these assets by fiduciaries. Examples of digital assets include software; stored information on hard drives, backup drives, CDs, DVDs, thumb drives, or on the “cloud”; online presences on websites, blogs, social media, e mail, bank, brokerage and financial accounts, iTunes, music files, video games, shopping and travel accounts, and even bitcoins.
One cannot function in today’s world without a password or two, or perhaps 25. What happens to the Facebook and Google accounts of a deceased person? How are Facebook and Google, and other Internet providers notified when an account holder has died? How does the family of a loved one collect the deceased’s photos and digital music, or gain access to on-line bank accounts and records?
RUFADAA is the Revised Uniform Fiduciary Access to Digital Assets Act. RUFADAA defines a “Digital Asset” as “an electronic record in which an individual has a right or interest. The term does not include an underlying asset or liability unless the asset or liability is itself an electronic record.” See, RUFADAA, Section 2(10).Read more ...
DuPage Business Litigation Attorney Jim Harkness Utilizes Effective Trial Skills in Control Solutions, LLC v. ELECSYS
DuPage Business Litigation Attorney Jim Harkness Utilizes Effective Trial Skills in Control Solutions v. ELECSYS
Jim Harkness of Momkus McCluskey LLC dissects complicated sequence of communications for substantial impeachment value while representing the defendant in the case Control Solutions v. ELECSYS.
Few cases presented to a jury involve a battle of the forms under the Uniform Commercial Code – and pre-trial emails – as complicated as Control Solutions v. ELECSYS, 2014 IL App (2d) 120251 (2nd Dist. 2014). The appellate decision recites six pages of communications and counter-communications. Seasoned DuPage business litigation trial attorney Jim Harkness of Momkus McCluskey LLC, representing the defense, knew he had his work cut out for him when the plaintiff asked the jury to award $3.3 million in damages against his client arising out of a dispute over a cancelled military supply contract.
In business litigation cases like these, clear presentation of the relevant contractual communications to the jury is absolutely essential. Absent a clear presentation of the evidence, the jury would be presented with a complicated contract interpretation under the Uniform Commercial Code. The jury needed to know which emails and documents formed the basis for the disputed contract interpretation and which ones did not. The jury also needed to know which discussions were contractual, and which discussions showed evidence of authentic settlement negotiations, if any. How the jury saw this would make a multi-million dollar difference in the result of the case.Read more ...