Notable Litigation Matters

We obtained summary judgment on behalf of a leading lending institution in class action filed in the District Court of Nevada alleging violation of the Telephone Consumer Protection Act. The class appealed the judgment to the Ninth Circuit. Briefed and argued the appeal in the Ninth Circuit and obtained affirmance of the judgment in favor of the client. The potential exposure was $150 million.

We were retained by Enterprise Leasing Company of Chicago, LLC d/b/a Enterprise Rent-A-Car, Alamo Rent-A-Car, and National Car Rental to seek discretionary review in the Illinois Supreme Court of an appellate court decision that upheld the constitutionality of a City of Chicago car rental tax applied to suburban vehicle rental operators located within three miles of the City’s borders. We successfully obtained not only review, but reversal, of the City ordinance on grounds that the City exceeded its home rule authority by enacting an extraterritorial tax.

We successfully represented Speaker of Illinois House and President of Senate in a constitutional challenge to actions by the Governor withholding salaries from members of the Legislature. Cullerton v. Quinn, No. 13 CH 17921, 2013 WL 5366345 (Ill. Cir. Ct., Sept. 26, 2013), mot. for direct appeal allowed, No. 116704 (Oct. 16, 2013), appeal dismissed (Dec. 17, 2013).

We acted as trial counsel and appellate counsel for then-candidate Rahm Emanuel in the litigation challenging his qualifications to run for Mayor of Chicago. Objectors to his candidacy claimed that he did not satisfy the City's one-year residency requirement because he had been living temporarily in Washington, D.C. while working as Chief of Staff to the President of the United States. The case was tried before a Hearing Officer of the Chicago Board of Elections and then was appealed to the Cook County Circuit Court, the Appellate Court, and the Supreme Court of Illinois. The Supreme Court of Illinois unanimously reversed the Appellate Court, and affirmed the Hearing Officer's recommendation that Mr. Emanuel was qualified to run for Mayor. Maksym v. Board of Elections Commissioners, 242 Ill. 2d 303 (2011). Four weeks later, he was elected Mayor. Michael Forde also advised the Emanuel campaign and transition team on a broad range of legal and other issues.