Visperas v. Swedish Covenant Hospital, cae number 10-L-10662
On November 10, 2014 we settled an in utero baby death case for $550,000 claiming that the baby should have been delivered by cesarean and fetal monitoring strips that were removed should not have been.
Sharon Golan v. Robert Moorman, case number 13-L-510
We successfully obtained an Order dismissing a defamation case in the Circuit Court of Lake County. We represented Colonel Ted Moorman who ran for school board member of Lake Forest High School. He won. In his campaign, he criticized the former School Board President for various conflicts of interest. After Colonel Moorman was elected, this past President filed a defamation case against Colonel Moorman. For a copy of the Motion to Dismiss on behalf of Colonel Moorman and the Order dismissing the case, see below.
Click here for a copy of the Motion to Dismiss and Order dismissing case.
People of the State of Illinois v. 3500 W. Grand (Chicago), case number 11-L-12727
On November 23, 2011 we defended the owner of certain real estate against a claim by the State of Illinois that it overpaid rent and was seeking reimbursement of $314,996.25. The trial court granted our Motion for Summary Judgdment and the State of Illinois appealed. The Appellate Court affirmed. For a copy of the trial court's Order and a copy of the Appellate Court's decision see below.
Click here for a copy of the Court Order and the Appellate Court Order
Commercial Real Estate Litigation
We have recently been retained as trial counsel in Revenue Sharing Corporation et. al. v. Preferred Development Inc. and Holland & Knight, LLP., case number 08 L 1498, in the Circuit Court of Cook County, Illinois, Law Division. The trial date for this complex litigation involving millions of dollars is set for July 21, 2014.
Click here for a copy of the Amended Complaint.
New Rights of Publicity Cases
On December 6, 2012 we filed a rights of publicity case on behalf of Marshall Thompson, lead singer of the Chi-Lites, against Getty Images for its offering for sale pictures of Marshall Thompson and those Illinois residents he seeks to represent, without their permission on its website. The case was removed to the U.S. District Court for the Northern District of Illinois, Eastern Division and is now case number 13-cv-01063.
Click here for a copy of the filed Amended Complaint.
Mortgage Foreclosure/Lock Out and Trash Out Case
We have filed three different cases in the U.S. District Court for the Northern District of Illinois Eastern Division against banks and their servicing agents involving scenarios where the owners of the house have been victimized by being illegally locked out of their houses and having their personal property trashed within their houses. The names of the cases are: Gregory Jackson v. The Bank of New York, as Successor to JP Morgan Chase Bank, NA, case number 11-cv-6410, Josephine Maher v. Wells Fargo Bank, case number 12-cv-9075 and Kevin McKee and Christine McKee v. Bank of America, N.A., BAC Home Servicing, L.P., and Miken Construction, case number 12-cv-9073. For copies of the Complaints in these cases see below.
Click here for a copy of the filed Jackson Complaint
Click here for a copy of the filed Maher Complaint
Click here for a copy of the filec McKee Complaint
13, 2011 we filed a defamation case on behalf of world famous basketball player
Scottie Pippen against NBC, CBS and others.
here for a copy of that Complaint.
The case is presently pending on appeal in the 7th Circuit court of Appeals.
James Brown v. Corbis Corp
On November 17, 2011, a class was
certified with Arthur S. Gold as lead counsel.
here to view a copy of that Order.
In James Brown v. Corbis Corp we filed, on behalf of the world renowned entertainer, "The Godfather of Soul", Mr. James
Brown, case #02 L 005872, in the Circuit Court of Cook County,
The lawsuit involves claims for violation of rights of publicity,
violation of the Illinois Consumer Fraud and Deceptive Business
Practices Act, and a claim for profiteering on the name and
likeliness of James Brown without his consent based on Corbis’ sale and offering for sale over the internet of James Brown’s photographs for commercial purposes.. On 3/23/06 the
Circuit Court of Cook County denied the motion of Corbis to
reconsider its 7/23/2004 denial of a motion to Dismiss. That
order was being appealed to the Illinois Appellate court. On August 2, 2007 the Illinois Appellate Court Affirmed this Decision for Brown, and the Illinois Supreme Court denial Corbis’ petition for leave to appeal. 735 Ill.App.3d 276, 873 N.E.2d 954 (1st Dist. 2007); 226 Ill.2d 580 879 N.E.2d 929 (2007).
After its defeat in the Illinois Courts, Corbis introduced legislation in the Illinois Legislature to amend the Rights-of-Publicity Act to legalize Corbis’ conduct. Gold & Coulson have lobbied hard against this legislation, and testified against it before the Senate Judiciary Committee in Springfield.
The Corbis legislation proposal failed. New added Plaintiffs are the Estate of Howlin’ Wolf and Jerry Butler p/k/a “The Iceman”. Corbis’ Motion for Summary Judgment was denied and the case is to be set for trial.
a Copy of the Motion to Reconsider - Leading to Court's Denial
of Motion to Dismiss
a Copy of the order granting James Brown’s motion for
a Copy of the order Denying Corbis’ motion for Reconsideration
of the 7/23/04 order
For a Copy of August 2, 2007 Appellate Decision
In November 2012 this case settled along with the cases of Jones v. Corbis and Alberghetti and Pointer v. Corbis described below. All three cases settled pursuant to a confidential settlement agreement which was satisfactory to all parties.
Rights of Publicity Case for Shirley Jones against Corbis Corporation, Anna Maria Alberghetti and Bonnie Pointer v. Corbis Corporation
On December 9, 2011 the Screen Actors Guild and AFTRA filed
an Amicus Brief in the Rights of Publicity Case for Shirley
Jones against Corbis Corporation, Anna Maria Alberghetti and
Bonnie Pointer v. Corbis Corporation
Click here to view our brief and that of SAG and AFTRA.
Click here to view the opening brief
here to view the reply brief
On November 12, 2010, we filed a class action lawsuit with world famous entertainer Shirley Jones as Plaintiff. The case was filed in the Central District of California, Western Division, Los Angeles CA, case number 10-08668 entitled Shirley Jones on behalf of herself and all others similarly situated v. Corbis Corporation. The case is based upon the California Rights of Publicity Act and alleges that Corbis Corporation has posted many pictures of the Plaintiff as well as other celebrities on its website, Corbis.com without the consent of Artists and has offered these pictures for sale to entities and individuals around the world. The case is based upon a statute in California similar to the statute in Illinois on which we have filed a case presently pending on behalf of the Estate of the Godfather of Soul, James Brown, which is detailed below in this portion of our website. The Shirley Jones case along with the case we filed on behalf of Anna Maria Alberghetti and Bonnie Pointer, (see below) resulted in U.S. District Court Judge Stephen Wilson granting summary judgment in favor of Corbis Corporation. We have appealed Judge Wilson to the 9th Circuit Court of Appeals. Our appeal has been fully briefed. Click here for copies of our briefs. An Amicus has been filed in support of our position by the Screen Actors Guild and the Association (AFTRA). Their brief can be viewed by clicking here. An Amicus brief has been filed by the Wall Street Journal, New York Times, Chicago Tribune, Dow Jones Co., and Getty Images amongst others to support Corbis Corporation which can be viewed here. Shirley Jones has also appealed to the 9th Circuit Court and our first brief is due December 5, 2011. Both appeals have been consolidated for scheduling.
Click here to view a copy of the Shirley Jones complaint
On October 27, 2009, Judge Stephen Wilson in a 13 page decision, denied Corbis' motion to dismiss in the Alberghetti and Pointer case.
Click here to view a copy of Judge Wilson's Order denying Corbis' Motion to Dismiss
These rights of publicity cases in California and Illinois have been settled to the satisfaction of all parties in accordance with a confidential settlement agreement.
Tortious Interference and Anti-Trust
On August 5, 2010, we filed a case on behalf of GDI, LLC, the nation’s largest supplier of non-lethal electrical fences for prisons and correctional institutions in the United States. The Complaint has been made against Gallagher LLC as a result of claimed tortuous interference and trade secrets violations.
Click here to view a copy of the Sixth Amended complaint
Consumer Fraud Class Actions
On May 27, 2010, we filed a class action on behalf of female consumers who suffer from various dieases causing them to suffer baldness. The complaint claims that the Defendant, medical supply company, wrongfully charged the consumers in excess of the discounts promised pursuant to negoitations with health insurance companies. The case was filed in the Chancery Division of the Circuit Court of Cook County, case number 10 CH 22745 Fish v. Jerome Krause Fashion Hair, Inc. The case was settled satisfactorily to all parties.
Click here to view a copy of the Fish complaint
On March 23, 2010, we filed a class action on behalf of Faith Manipol against Arlington Automotive Group, Inc. The case was filed in the Chancery Division of the Circuit Court of Cook County, case number 10 CH 12001. The Plaintiff claims that the Defendant car dealership wrongfully withheld deposits when credit was denied consumers.
Click here to view a copy of the Manipol complaint
On May 11, 2009, we filed a lender liability case against Cole Taylor Bank claiming wrongful foreclosure on collateral and tortious interference with prospective business opportunties. This case is entitled GDI, LLC., Bob Gilmour, Andrew Gilmour and Brian Boorstein v. Cole Taylor Bank, case number 09 CH 16642 presently pending in the Chancery Division of the Circuit Court of Cook County. The case is still pending.
Click here to view a copy of the GDI complaint
Burr Oaks Cemetery Disturbance
On July 24, 2009 we filed a federal class action suit for the relatives of world famous singer
Dinah Washington and former heavyweight champion of the world Ezzard Charles seeking
various forms of relief against the owners and operators of the Burr Oaks Cemetery for
disturbance of decedents’ graves. The case is Grayson et al. V. Pacesetter et. al., case number
09-cv-4464, United States District Court of Illinois Eastern Division.
For a Copy of Grayson, et. al. v. Pacesetter et al
Corporate Merger Case
On August 26, 2010 we filed case number 2010 L 009835 in the Circuit Court of Cook County Illinois entitled: Stephen Rubin et. al. v. Howard Bedford et.al., claiming breach of fiduciary duty by directors to purchase Vita Foods Inc. at substantially less than full value. The case is still pending.
For a Copy of the filed complaint click here
Phony Tax Shelter
Paul et al v. Aviva Life and Annuity Company case number 1:09-cv-01038, United States District Court, Northern District of Illinois, Eastern Division. On February 18, 2009 we filed a RICO class action on behalf of individuals and corporations who purchased life insurance policies from Indianapolis Life Insurance Company which promoted these policies, calling for premium payments of $500,000 over the first 5 years, as tax deductible and resulting in tax free withdrawals after 10 years. The Plaintiffs have been audited by the IRS and the deductions have been disallowed with interest and penalties being assessed against Plaintiffs.
This case if presently pending in the Circuit Court of Cook County, Illinois.
a Copy of Paul et al v. Aviva Life and Annuity Company
"1984" and the Estate of George Orwell
Estate of George Orwell v. CBS INC. et al, Case #00C5034 (ND 211). We represented the owner of the television and movie rights
to George Orwell's classic novel "1984", and the Estate of Mr. Orwell, in a copyright
and trademark suit against CBS, Viacom, and its subsidiary
"Orwell Productions, Inc." based on the television
series "Big Brother"
The suit alleged that the series caused viewers to believe
that it is affiliated with or based on Mr. Orwell's novel,
that it diluted the reputation of the novel and derivative
works, and infringed the copyright in "1984", which
is valid until the year 2044. This case was filed in U.S.
District Court for the Northern District of Illinois.
On December 21, 2000, U.S. District Court Judge James Holderman
issued a 14 page Memorandum and Opinion denying CBS's motion
to dismiss the federal counts. The Court ruled that plaintiffs
stated valid copyright and trademark claims. Jury trial was
set for September 24, 2001.
On September 12, 2001, after full discovery, the Court ruled
that Defendants could not raise any "genericness"
defense, because Defendants had utilized "Big Brother"
as a trademark. On September 20, 2001, after a full-day evidentiary
hearing, the Court excluded from testifying two of Defendants'
experts - Dr. Seymour Lieberman (a survey expert), and Mr.
Andrew Safir (a damage expert). The Court
ruled that their testimony would not be relevant or helpful
to the jury.
On September 24, 2001 the litigation was resolved to the
parties' mutual satisfaction pursuant to a confidential settlement.
a Copy of Rosenblum v. Orwell Productions
Owners of Rights to Orwell’s “1984” Novel
Speaks Out on Political Controversy
CHICAGO, Illinois, March 27, 2007 – Rosenblum Productions, Inc., owners of the exclusive television and motion picture rights to the George Orwell novel "1984", said today that it is monitoring closely the controversy surrounding a political ad posted on You Tube that, according to one Chicago newspaper, is “a takeoff on George Orwell's ‘Big Brother’ 1984 theme used in an Apple ad.”
To See Full Article Click here
Eddie Johnson v. Chicago Tribune
In Eddie Johnson v. Chicago Tribune, et al., No. 06-L-10771 (Circuit Court of Cook County, IL), Gold and Coulson represented former Illini and NBA basketball star Eddie Johnson in a defamation action against the Tribune, the "Jim Rome Show" and guest host Skip Bayless on nationwide radio, a Minnesota internet photograph supplier, and an Atlanta, Georgia television station. These defendants, the complaint alleges, defamed Johnson by falsely reporting that he had been arrested in Florida for child molestation and residential burglary. We have settled the case as to five of the six defendants, including Skip Bayless. The case is pending against the Tribune.
Gold & Coulson obtained the following results:
U.S. v. LaGrou Distribution System, Inc
In U.S. v. LaGrou Distribution System, Inc., 466 F.3d 585 (7th Cir. 2006), Gold and Coulson represented a Chicago food warehouse company on appeal from criminal convictions for the improper storage of food items. We were successful in persuading the Seventh Circuit to reverse the $1 million fine imposed on LaGrou. This was the first appellate reversal of a federal criminal sentence post-U.S. v. Booker, 543 U.S. 220 (2005), which invalidated the mandatory nature of the federal sentencing guidelines, and required jury findings to enhance a criminal sentence.
Dr. Paul Zidel et al.
v. Allstate Insurance Company
One June 19, 2006, Gold & Coulson, as co-lead counsel,
obtained approval, of a settlement in a Rico class
action case in the United State Federal District court for
the Southern District of Florida. In Dr. Paul Zidel et al.
v. Allstate Insurance Company et. al. 00-6061, the defendants
were allegedly engaged in a scheme to improperly deduct large
percentages in payment of medical providers’ bills in
the state of Florida. Money benefits to medical providers
This settlement causes a total of $42,691,667 in benefits
from the RICO cases filed by Gold & Coulson in 2005 and
2006 on behalf of Florida medical providers as follows:
Dr. Keith Brickell et.
al. vs. Progressive Insurance Companies et. al. 01-6776 the
defendants were allegedly engaged in a scheme to improperly
deduct large percentages in payment of medical providers’
bills in the state of Florida. Money benefits to medical providers
total $11,745,000. Final approval was later obtained
On January 18, 2006, Dr. Andrew Elowitz v. American
International Insurance Company, case No. 018549, and Dr.
Salvador D. LaRusso v. Hartford Insurance Company, case No.
01-8111. In these two cases, the two defendant insurance companies
were alleged to have engaged in a scheme whereby they improperly
deducted large percentages in the payment of medical providers’
bills in the State of Florida. Money benefits, not coupons,
to medical providers in these two cases approximated $1,750,000.
D. LaRusso, and all other medical providers in the State of
Florida against Nationwide
Insurance Company for having taken improper Preferred Provider
Organization discounts and improper and usual customary deductions
on bills submitted by Florida medical providers. The settlement
was for $13,450,000 in cash benefit to the class.
Open MRI Corp. v. Integon National
Insurance Group, case No. 01-6780, Open MRI Corp v. Prudential
Property Casualty Company, case No. 01-6778, and Dr. Salvador
D. LaRusso v. Liberty Mutual Insurance Co., case No. 00-7692. In these three cases, the three defendant insurance companies
were alleged to have engaged in a scheme whereby they improperly
deducted large percentages in the payment of medical providers’
bills in the State of Florida. Money benefits, not coupons,
to medical providers in these three cases approximated $3,805,000.
Marc J. Browner, D.C., v. Allstate Indemnity Company, Beech
Street Corporation, and ADP Integrated Medical Solutions,
Inc., case #00-7163,
Mote Wellness & Rehab, Inc. v. American International
Insurance Company - Settled
American International South Insurance Company, case #01-8549. Ultra Open MRI Corporation v. Progressive American Insurance
Company, case #01-6776 - Settled
Ultra Open MRI Corporation v. Deerbrook Insurance, case #01-6777
Ultra Open MRI Corporation v. Prudential Property and Casualty
Insurance Company, case #01-6778 - Settled
Ultra Open MRI Corporation
v. Integon National Insurance Company and Integon General
Insurance Company, case #01-6778 - Settled
Ultra Open MRI Corporation v. Fidelity and Casualty Company
of New York and The Continental Insurance Company, case #01-6779
The Chiropractic Centre, Inc. v. Superior Insurance Company,
case #01-6782 - Settled
The Chiropractic Centre, Inc. v. Metro Insurance Company,
case #01-6783 - Settled
a Copy of the Amended Complaint
For a Copy of the Judge's Decision
v. Bankers Life Insurance Company and PCS Inc.,case #99C193, pending in the
U.S. District Court for the Northern District of Illinois,
we filed a RICO class action lawsuit to attack the practice
of an insurance company and its prescription drug management
company to classify Tamoxifen, a generic drug, as a brand
name drug thus causing the patient victim to make a co-payment
that would not be necessary if the drug were properly classified
These patients suffer from breast cancer and are typically
elderly and on a fixed income. Judge Joan Gottschall denied
the motion of Defendants to dismiss the RICO charges and certified
a nationwide class of Tamoxifen users under RICO. She appointed
Gold & Coulson as lead class counsel. A settlement was
reached with both defendants. Judge Gottschall approved the
class settlement wherein all class members received, without
the necessity of filing any claims, a check in the mail for
100% of any co-payment a class member paid for Tamoxifen.
Any costs and attorneys fees, as a part of the settlement,
did not come out of the class members' reimbursement.
a copy of the Complaint
a copy of the Order Certifying the RICO Class Action.
a copy of the Order Appointing Gold & Coulson Lead Class
Bauer v. PCS: We have filed another tamoxifen case against PCS in
the State of Georgia seeking to certify a national class of
breast cancer patients who have been victimized by PCS' classifying
tamoxifen as a brand name drug. Deborah R. Bauer, on behalf
of herself and all others similarly situated v. Advanced PCS,
PCS Health Systems, INC., PCS Mail Services of Fort Worth,
INC., and PCS Mail Services of Birmingham, INC. case
# 2003CV70172. PCS' Motion To Dismiss for lack of jurisdiction
was denied by the trial court. The Georgia Court of Appeals
affirmed and Mr. Gold argued the case before the Georgia Supreme
Court on 3/27/06. The Georgia Supreme Court reversed and was appealed to the United States Supreme Court which denied certiorari.
For a Copy
of the Brief of Appellees on Appeal
here for a copy of the decision of the Georgia Court of Appeals
Lederman v. Holy Family Hospital
In Lederman v. Holy Family Hospital case number 04 L 2546 in Circuit Court of Cook Country we recently settled a medical
malpractice case for a 70 year old decedent, suffering from
heart problems and having had prior heart surgery, for $750,000
alleging the improper administration of Coumadin.
Rossi and Bramwell v. American Ambassador Casualty Company
and Bramwell v. American Ambassador Casualty Company, case
#00 CH 15534, and In Gaston v. Founders Insurance Company,
case #00 CH 17451, and ROBERT KARLIN Jr individually and on behalf of all others similarly situated
v. AMERICAN FREEDOM INSURANCE CO., case
#02 CH 19558 all pending in the Circuit Court ofCook
County, Illinois, we filed class actions to attack the practices
bycertain insurance companies of forcing their policyholders
who filed claims for automobile repairs to accept below standard
labor rates resulting in substantial co-payments by insureds.
Rossi has been settled subject to court approval and claimants,
may get 100% of their co-payment. The court gave final approval
a Copy of the SECOND AMENDED CLASS ACTION COMPLAINT-INCLUDING
REQUEST FOR INJUNCTIVE RELIEF
Henderson v. Supreme Medicar
Henderson v. Supreme Medicar case number 01 L 12939 also in the Circuit Court of Cook Country, we recently were
able to obtain $250,000 for a quadriplegic whose femurs were
fractured when she was tossed from her wheelchair. The defense
in that case claimed that because she had been a quadriplegic
since her childhood, she could suffer no pain. We retained
the services of Dr. Paul Meyer, a world authority on quadriplegia,
and former head of the rehabilitation Institute of Chicago
to inform the jury of the manner in which a quadriplegic experiences
pain. After one week of evidence presented to the jury, the
case settled prior to closing arguments.
Szafernich, we petitioned the International Organization for
Migration and won a monetary award for a survivor of Nazi
slave labor camps during World War II. Petition was pursuant
to the German Foundation Act, and required the submission
of affidavits and other proof regarding the client's captivity
and exploitation as a slave laborer on Nazi merchant ships
in the Baltic Sea.
Myers v. Levy
In 2001, Gold & Coulson filed, on behalf
of former Lake Forest High School Football Coach Tommy Myers,
a defamation lawsuit against Lake Forest resident Nelson Levy.
On December 4,2003, the Illinois Appellate Court reversed
a dismissal of this lawsuit and sent it back to the Lake County
Circuit Court for trial. The trial was set for 2/22/05.
Coach Myers claimed in his lawsuit that Levy defamed him
and led the campaign to oust Myers as Head Football Coach.
Myers was removed as Coach in January, 2001. Coach Myers'
lawsuit contended, among other things, that Levy described
him to school administrations as a "buffoon," a
"joke" and a failure as an educator; falsely listed
prominent citizens as supporting the Coach's firing; exaggerated
the breadth of parental unhappiness; threatened the Lake Forest
Athletic Director; and falsely stated to Chicago newspapers
that Coach Myers' football program lacked respect, suffered
from "widespread discontent" involving "hundreds
of people," and had an "incompetent coach in place
for a decade." Myers' suit also contended that Levy was
motivated to oust the Coach due to Levy's son's competition
with Myers' son for the starting quarterback position. In
previous years, Levy had praised Coach Myers, calling him
a "great coaching role model for character, kindness,
The trial court had dismissed Coach Myers' case in December,
2002, ruling that Levy's conduct was protected because he
was exercising a constitutional right to petition public officials
at the high school. In the 12/4/03 Appellate Court reversal,
the Appellate Court found that there was ample evidence to
show that Levy had acted with "actual malice," which
would trump any Constitutional privilege.
Gold & Associates, Ltd. believe this is a victory for coaches
everywhere. There clearly are legal limits to abusive behavior
directed at coaches by overzealous parents.
The case is Tom
Myers v. Nelson Levy, 2-02-1334 (Ill.App.2d District,
December 4, 2003). The case was settled satisfactorily to all parties. Cite: 348 Ill. App.3d 906, 808 N.E.2d 1139 (2D 2004).
Tom Myer's Appellate Briefs and The Appellate
Court Slip Opinion can be viewed below.
a Copy of the Appellate Court Decision
a Copy of the Opening Brief
a Copy of the Reply Brief
Aaron Patterson v. Chicago Former Lt. John Burge
Aaron Patterson v. Chicago Former Lt. John Burge, case number 03 C 4433, U.S. District Court, Northern District of Illinois. Recently, Gold & Coulson began representing Wallace “Gator” Bradley, an “Urban Translator”, in his request to obtain compensation for his services in obtaining a $5,000,000 settlement for Aaron Patterson, previously on Death Row for a murder he did not commit but to which he confessed as a result of torture by the infamous Police Commander Burge. Patterson along with 3 others were innocent and were pardoned by Governor Ryan.
John Weber and Willie Kid
In John Weber and Willie Kid individually and on behalf of all others similarly situated,
v. Metropolitan Life Insurance Company, case
# 04 CH 4816 in the Circuit Court of Cook County we
filed a class action on behalf of Metropolitan Insurance agents
who have been denied renewal commissions on property and casualty
policies procured as a result of their efforts. It is alleged
Metropolitan unilaterally changed the commission structure
after the policies were written.
a Copy of the AMENDED CLASS ACTION COMPLAINT
Dr. and Mrs. Kapelanski
v. Scott Johnson
24, 2002, the firm obtained a jury verdict in the U.S. District
Court for the Northern District of Illinois in favor of the
plaintiffs in Dr. and Mrs. Kapelanski
v. Scott Johnson, case #00 C 2131, for $431,250, including
$331, 250 in punitive damages for investment fraud. All
defendant's post-trial motions were denied on October 3, 2002.
The case was appealed to the 7th Circuit Court of Appeals
and on 11/24/04 the 7th Circuit Court of Appeal affirmed the
verdict, case # 02-3878.
et. al. v. First USA Bank
et. al. v. First USA Bank, case
#98-C8238, the U.S. District Court for the Northern
District of Illinois, on 4/6/2000, approved a class action
settlement, with Gold & Coulson as lead class counsel.
The settlement enjoins First USA Bank from sending unsolicited
credit cards in violation of the Truth-in-Lending Act. The
settlement required First USA Bank to pay statutory damages,
and make charitable contributions.
The charitable contributions
were to the following organizations:
$100,000 to the Jump$tart Coalition for Personal Financial
The Jump $tart Coalition seeks to improve the personal financial
literacy of young adults.
$100,000 to the National Consumers League.
The NCL works to protect and promote the economic and social
interests of America's consumers.
$50,000 to the United States Holocaust
The United States Holocaust Memorial Museum in Washington
is America's national institution for the documentation, study
and interpretation of Holocaust history. The USHMM serves
as this country's memorial to the millions of people who were
victims of the Holocaust.
a Copy of the PLAINTIFF’S RESPONSE TO DEFENDANT’S
MOTION TO DISMISS COUNTS II AND III OF THE AMENDED COMPLAINT
In R. Kelly
v. Carthon, No. 00 C 3110 (USDC ND ILL), we
represented defendant Lafayette Carthon, a prominent gospel
musician. Plaintiff R Kelly, a well known R&B singer,
sued for alleged music copyright infringement and breach of
a confidentiality agreement, all arising out of Mr. Carthon's
tenure as studio manager for R Kelly. Judge Paul Plunkett
denied Kelly's request for a preliminary injunction, finding
that the drum sounds in issue were not copyrightable as a
matter of law. Judge Plunkett entered a restraining order
against Mr. Carthon based on the confidentiality agreement,
but vacated it after Kelly refused to permit Mr. Carthon access
to a master tape to correct the problem. After disallowing
the TRO based upon a copyright infraction, Judge Plunkett
ruled as follows on 11/21/00 relative to the 12(b)(6) motion
to dismiss filed by Mr. Carthon:
As the Supreme Court has stated 'the requisite level of creativity
[for copyright protection] is extremely low; even a slight
amount will suffice.' Id. at 345. It is not clear, however,
that Kelly's sounds vault even this modest hurdle. Neither
the amended complaint nor the tape submitted with it suggests
that Kelly did anything more than hit a drum with a stick
or press a button on an electronic device to create these
sounds. If the former is true, Kelly's sounds would lack that
'something irreducible, which is one man's alone,' that is
required for copyright protection. Bleistein v. Donaldson
Lithographin Co., 188 U.S. 239, 250 (1903). If the latter
is true, Kelly's role would be more that of a producer who
'fixed [the sounds] by some purely mechanical means without
originality of any kind,' which would not merit a copyright.
H.R. Rep. No. 94-1476, 1976 WL 14045, at 23-24 (1976). It
may be, however, that neither is true. It
may be, as unlikely as it seems, that the sound library is
the product of great creativity that is not apparent to a
lay person. In any event, we cannot say, based solely on the
tape, that Kelly's copyright in the sound library is invalid
for lack of originality. Carthon's motion to dismiss the copyright
claims in Counts I and II of the amended complaint is, therefore,
The case was ultimately settled.
v. Gary Jones
v. Gary Jones, individually and d/b/a Construction
Management Services, case No. 99 CH
07258, Gold & Coulson obtained a jury verdict of
$2,050,335.00 against a real estate developer who defrauded
the plaintiff having taken $600,000 and
failing to do proper construction work. The verdict was itemized
as $1,200,000.00 punitive damages and $850,335.00 actual damages.
v. Winston & Strawn
v. Winston & Strawn, case #96 L 9718, Gold & Coulson obtained a trial
verdict of $887,895.87 for legal malpractice against Winston
& Strawn in connection with the law firm's representation
of Joseph Keating, a real estate developer, who was represented
by Winston & Strawn.
The trial court found that Winston & Strawn failed to
properly protect the real estate developer's interest in an
apartment complex in excess of 100 units. The appellate court
of Illinois reversed the trial court verdict finding that
the contract to develop the real estate was illegal.