Thadford A. Felton

Dispute Resolution

• Successfully represented the owner of a dental practice in unwinding an 18-month-old transaction in which that owner joined her dental practice with a national Dental Service Organization.
• Represented large franchisor in the U.S. District Court for the Northern District of Illinois in enforcing its rights under several franchise agreements against several franchisees and secured an injunction against the franchisees competing against the franchisor, which was upheld on appeal to the Seventh Circuit Court of Appeals.
• Directed litigation in a large commercial matter in the Circuit Court of Cook County, Illinois that involved complex breach of contract, fraud, and deceptive practices issues and hundreds of thousands of documents.
• Represented a fifty percent (50%) owner of a dental practice in a dispute with the co-owner.  After years of litigation brought both owners back together, negotiated a new ownership agreement between the owners and the dental practice is growing.  
• Successfully defended a claim brought by an employer against an employee salesperson to enforce non-competition and non-solicitation clauses in an employment agreement. The court ruled that both restrictive covenants were unenforceable.
• Enforced non-competition and non-solicitation clauses in an employment agreement against a physician who was terminated from a practice group. The court upheld both restrictive covenants.
• Defended a large international manufacturer’s representative in a trade secret case in the U.S. District Court for New Jersey. Although damaging evidence was uncovered during discovery, the case was settled on favorable terms for the client.
• Represented the owner of a prominent high-end hotel chain in a dispute with its general contractor regarding overages.
• Obtained a $42.5 million settlement in an environmental insurance coverage matter on behalf of a bankruptcy trustee.
• Defended a motor coach manufacturer in product liability litigation resulting from catastrophic accidents throughout the United States.
• Represented owners in a dispute with general and subcontractors regarding deficiencies in the design of a medical office building, specifically involving the design of the HVAC system, the plumbing system, and the humidity controls for the MRI room.
• Successfully represented a regional multiple listing service as plaintiff in a breach of contract and false advertising action and defended it as a counter-defendant in an antitrust claim in U.S. District Court for the Northern District of Illinois. The defendant entered into an agreed injunction, paid monetary damages, and dismissed the antitrust counterclaim.
• Negotiated settlement terms favorable to a national real estate brokerage firm in a breach of non-solicitation agreement against a former office manager.
• Successfully represented real estate brokers in 50-plus matters concerning allegations of fraud, consumer fraud, negligence, and violation of the Illinois Real Estate License Act. Most matters were dismissed on motion practice or settled for under $10,000 (“cost of defense” settlements).
• Successfully barred plaintiff's damages expert through motions in limine from testifying at trial in a mold/property damage case which led to plaintiff lowering its settlement demand from the high six-figure range to the mid five-figure range. The case was settled before trial for less than cost of defense.
• Represented a business in a breach of contract action related to the theft of payments from insurance companies.

Trials

• First-chaired a jury trial in U.S. District Court for the Northern District of Illinois representing three plaintiffs in a Section 1983 action. The jury awarded plaintiffs the full amount of damages sought, which was in the high six-figure range.
• First-chaired a bench trial in Cook County, Illinois, representing the plaintiff in a breach of a partnership agreement dispute. The judge awarded the full amount of relief sought, about $250,000.
• Second-chaired jury trial in U.S. District Court for the Northern District of Illinois representing a minor plaintiff in a section 1981 and 1982 action. Jury awarded damages in a high six-figure range.
• Second-chaired two-month jury trial in U.S. District Court for the Northern District of Iowa representing a commercial client in a Lanham Act case. The client was awarded the full amount of damages.
• First-chaired a bench trial in Cook County, Illinois, representing a plaintiff in a breach of contract related to cryptocurrency. The judge awarded the dollar value of the cryptocurrency that was taken from plaintiff.