Litigation & Appeals

Civil Trial Litigation and Appeals

McCarthy Duffy LLP engages in civil litigation in both federal and state courts at all levels. Unlike many firms, McCarthy Duffy LLP will not only try cases at the trial court level but is also fully capable of defending the favorable outcome on appeal. There is never a need to transfer the case to separate appellate counsel.

Over many years of experience, McCarthy Duffy LLP lawyers have prosecuted and defended clients in a wide variety of litigation. Some examples of the varying types of litigation recently handled by the firm's lawyers are

• Business litigation: shareholder disputes, contract disputes, issues arising out of covenants not to compete, etc.
• Collections, landlord-tenant litigation, forcible entry and detainer actions, and other real estate disputes
• Probate litigation involving claims and other issues
• Chancery disputes involving specific performance, declaratory judgments, accountings, and temporary and permanent injunctions
• Imposition of constructive trusts
• Insurance arbitration disputes
• Commercial mortgage foreclosures
• Appeals to the Circuit Court of the rulings of administrative agencies under the Administrative Review Act

Appellate Practice

The firm is experienced in handling appeals in both federal and state appellate courts. McCarthy Duffy LLP attorneys are licensed to practice before the U.S. Supreme Court, the United States Court of Appeals for the Seventh Circuit as well as the Illinois Supreme and Appellate Courts. Representative cases include:

• Segni v. Commercial Office of Spain, 816 F.2d 344 (C.A.7 (Ill.) 1987); Segni v. Commercial Office of Spain, 835 F.2d 160 (C.A.7 (Ill.) 1987): Richard Witry represented Enrique Segni, who had alleged civil rights violations over the cessation of his employment contract with the Commercial Office of Spain. There are five reported decisions in this case.
• Stein v. Galitz, et al., 478 F. Supp. 517: Messrs. Duffy, Snakard, and Witry defended a group of private individuals from the actions of a developer.
• Knepper v. Automotion, 788 F. Supp 999
• In re: Niteway Transportation Company, Inc, 96 B.R. 854
• In re: Martin Grinding & Machine Works, Inc., 42 B.R. 888
• Chapman v. Richey, 78 Ill 2d 243 (1980) 
• Lipin v. Lee, 803 F 2d 322 (1986) aff'g, 625 F. Supp. 1098 (1985)
• Hayna v. Arby's, Inc., 99 Ill. App. 3d 700 (1981)
• Corbett v. Devon Bank, 12 Ill. App. 3d 559 (1973)

Federal litigation often requires an ability to work with other trial lawyers and resolve cases out of court. In one federal case involving DirecTV, the lawyers of McCarthy Duffy LLPnegotiated a settlement that effectively resolved the matter with a minimum of expense for the client.

Stability and Professionalism

The firm's longevity speaks to its stability and professionalism. McCarthy Duffy LLP and its predecessor firms have been in existence since 1886 and attorneys tend to devote their entire careers to the firm. Several lawyers have more than 30 years of service to the firm.

Fees

Fees for all litigation matters are negotiable and creative hybrid fee arrangements in suitable cases may be appropriate. The firm prides itself in providing cost-effective representation and seek to resolve lawsuits out of court if doing so means less expense and anxiety for clients.

Contact the Firm

To meet with a trial and appellate attorney from McCarthy Duffy LLP, call 312-726-0355. You can also to email the firm through this Web site's contact page. Initial consultations for new clients are free of charge.