Novack and Macey LLP has a national reputation as appellate attorneys, representing both clients for whom we were trial counsel and clients represented at trial by other firms who want first-class representation on appeal.
Since 2010, the firm as a whole has won more than 90% of its appeals. In the past three years, Steve Novack has achieved seven consecutive victories before the Seventh Circuit Court of Appeals and has 12 straight complete victories and one partial victory in cases before the Illinois Supreme and Appellate Courts.
Our appellate practice, like our trial work, maintains a focus on efficient staffing and alternative billing to ensure our appellate clients that we are delivering value.
A sampling of the appeals we have taken or defended on behalf of our clients includes the following:
Bankers Life & Casualty Insurance Co. v. CBRE, Inc., No. 15-1471 (7th Cir. 2016): The court adopted Novack and Macey’s attorneys’ argument that the district court erred in confirming an arbitration award that was based on the arbitrators modifying the terms of the parties’ agreement and otherwise committing gross errors on the face of the award. Stephen Novack, Andrew D. Campbell, Shelby L. Drury and Andrew P. Shelby.
RFO Holdings, Inc., et al. v. Metropolitan Capital Bank, et al., 2015 IL App (2d) 140320-U (Ill. App. Ct. 2015): Obtained reversal of a temporary restraining order entered against our client by circuit court. P. Andrew Fleming, Timothy J. Miller, Elizabeth C. Wolicki.
Bass, et al. v. Streicher, et al., 2015 IL App (1st) 143071-U (Ill. App. Ct. 2015): Obtained the affirmance of the dismissal of the substantive claim. Stephen Novack, Richard G. Douglass.
Life Plans, Inc. v. Security Life of Denver Insurance Co., 800 F.3d 343 (7th Cir. 2015): The court ruled in our client’s favor, reversing the district court’s grant of summary judgment. Stephen Novack, P. Andrew Fleming, Andrew D. Campbell, Richard G. Douglass.
Goldberg v. 401 N. Wabash Venture and Trump Chicago, 755 F.3d 456 (7th Cir. 2014): Judgment in favor of our client affirmed. Stephen Novack, Rebekah H. Parker.
Bunni v. Boykin and Barnes & Thornburg, 2014 IL App (1st) 133137 (Ill. App. Ct. 2014): Summary judgment for our client affirmed. Stephen Novack, Timothy J. Miller.
Mitchell v. JCG Industries and Koch Foods, 745 F.3d 837 (7th Cir. 2014): Affirmed. Stephen Novack, Courtney D. Tedrowe, Andrew P. Shelby, Shelby L. Drury.
Burke v. 401 North Wabash Venture LLC, 714 F.3d 501 (7th Cir. 2013): Victory when the Court affirmed the dismissal of claims. Stephen Novack, Shelby L. Drury.
Safeco Ins. Co. of America & Liberty Mutual Ins. Co. v. American Int’l Group, 710 F.3d 754 (7th Cir. 2013): Objectors appealed a class settlement. Appeal was settled and dismissed. Stephen Novack, Andrew D. Campbell, Rebekah H. Parker.
Howerton v. Prudential Insurance Co., et al., 2012 IL App (1st) 110154 (Ill. App. Ct. 2012): Preserved the dismissal of a class-action complaint against an insurance company. Stephen Novack, Donald A. Tarkington, Andrew P. Shelby.
Kathleen Lawlor v. North American Corporation of Illinois, 2012 IL 112530 (Ill. Sup. Ct. 2012): Dramatically reduced the punitive damages award against client from $1.75 million to $65,000. Eric N. Macey, Julie Johnston-Ahlen.
Selch v. Columbia Management, et al., 2012 IL App (1st) 111434 (Ill. App. Ct. 2012): Appellate Court affirmed grant of summary judgment in our clients’ favor. Stephen Novack, P. Andrew Fleming, Andrew D. Campbell, Christopher S. Moore.
Bond Kildeer Marketplace v. CBS Outdoor, 2012 IL App (2d) 111292 (Ill. App. Ct. 2012): Affirmed the trial court judgment and adopted our argument that client had the right to terminate lease because of unlawful billboard. Stephen J. Siegel.
Gerard M. Kenny, as Trustee of the Trust of Gerard M. Kenny, and Bank of America, N.A., v. Kenny Industries, Inc., 2012 IL App (1st) 111782 (Ill. App. Ct. 2012): Affirmed the denial of a right of setoff against a judgment in favor of our client. Eric N. Macey, Courtney D. Tedrowe, John Haarlow, Jr.
Access Mediquip v. United Healthcare Insurance, 698 F.3d 226 (5th Cir. 2012): Upheld a decision favoring our client on ERISA issue. Stephen Novack, Stephen J. Siegel, Christopher S. Moore.
Dillon v. DTG Operations, Inc., d/b/a Thrifty Car Rental, 2012 IL App (1st) 102441-U (Ill. App. Ct. 2012): Affirmed the dismissal of a putative class action. Stephen Novack, Stephen J. Siegel.
Begg v. Kaplan & Van Ohlen, 2012 IL App (1st) 102382-U (Ill. App. Ct. 2012): Affirmed decision against terminated partner. Stephen Novack, Monte L. Mann, Alexander L. Berg.
Scanlan v. Eisenberg, et al., 669 F.3d 838 (7th Cir. 2012): Reversed trial court’s dismissal of plaintiff’s claims. Stephen Novack, Donald A. Tarkington, Joshua E. Liebman.
Karimi v. 401 North Wabash Venture LLC, 2011 IL App (1st) 102670 (Ill. App. Ct. 2011): This was a victory for Novack and Macey as the Court affirmed the dismissal of claims. Stephen Novack.
Indeck Power Equipment Company v. Professional Power Products, Inc., 2 N.E.3d 661 (2011) (Ill. App. Ct. 2011): The Court affirmed the entry of judgment at the close of the plaintiff’s case. Eric N. Macey.
Millennium Park Joint Venture LLC v. Houlihan, 241 Ill.2d 281 (Ill. Sup. Ct. 2010): The Court affirmed summary judgment in our favor. Stephen Novack, Christopher S. Moore.
Gerard M. Kenny, as Trustee of the Trust of Gerard M. Kenny v. Kenny Industries, Inc., 406 Ill.App.3d 56 (Ill. App. Ct. 2010): The Court affirmed the confirmation of an arbitration award. Eric N. Macey, Courtney D. Tedrowe, John Haarlow, Jr.
Fitch v. McDermott, Will and Emery, LLP, 401 Ill.App.3d 1006(Ill. App. Ct. 2010): The Court affirmed the dismissal in favor of our client. Stephen Novack, Mitchell L. Marinello.
Airport & Weber, LLC v. County of Will, et al., 399 Ill. App.3d 1239 (Ill. App. Ct. 2010): The Appellate Court reversed the trial court’s dismissal of our client’s claims. Stephen Novack, Donald A. Tarkington, Joshua E. Liebman.
Robert Fait, as Trustee of the Robert L. and Judith R. Trust v. Albert Hummel, 333 F.3d 854 (7th Cir. Ct. 2003): Affirmed the trial court’s judgment after a bench trial in our clients’ (defendants') favor in a case for breach of fiduciary duty regarding issuance of corporate stock. Eric N. Macey, Shelby L. Drury.
Illinois State Toll Highway Authority v. Mobil Oil Company, 336 Ill.App.3d 300 (Ill. App. Ct. 2003): Reversed the trial court’s dismissal of a case against our client on motion. Eric N. Macey.
People of the State of Illinois v. Time Consumer Marketing, Inc, 336 Ill.App.3d 74 (Ill. App. Ct. 2002): Affirmed the trial court’s dismissal of a claim against our client under the Illinois Consumer Fraud and Deceptive Business Practices Act. Eric N. Macey, Timothy J. Miller.
Lee N. Mortenson v. National Union Fire Insurance Company of Pittsburgh, PA, 249 F.3d 667 (7th Cir. 2001): Affirmed the trial court’s entry of summary judgment against plaintiffs’ (our client) claim against a former employer’s D&O policy. Eric N. Macey, Timothy J. Miller, Michael A. Weinberg.
For more information about Novack and Macey LLP and its appellate practice, please contact Steve Novack or Chris Moore. Other members of the Appellate Practice Group are Shelby L. Drury, and John Haarlow, Jr.