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Experience:
John Touhy is a litigator whose practice focuses on commercial litigation. John has represented clients in approximately 35 jury and bench trials, arbitrations and evidentiary hearings in federal and state courts in Illinois, California, Colorado, Delaware, Iowa, Michigan and Wisconsin.
John litigates across a broad range of business and commercial disputes, including breach of contract, breach of fiduciary duty, fraud, non-competition agreements, defamation, misappropriation of trade secrets, ownership of intellectual property, trademark infringement, Lanham Act claims, ownership and value of closely held corporations, Uniform Commercial Code controversies, product liability, lender liability and emergency relief. He also has extensive experience representing professionals before licensing boards.
John has been listed in Best Lawyers in America (2007) and Illinois Super Lawyers (2006, 2007). He has practiced with Mayer Brown since 1980.
Notable Engagements:
iPCS Wireless, Inc. v. Sprint Corporation, et al., Circuit Court of Cook County, Chancery Division (Judge Thomas P. Quinn), No. 05 CH 11792. Bench trial from March 9, 2006 - July 10, 2006. Represented an affiliate of Sprint Corporation in a dispute regarding a breach of management agreement between the parties. Court ordered Sprint to cease operating Nextel business in client's exclusive territory.
Horizon Personal Communications, Inc., and Bright Personal Communications Services, LLC v. Sprint Corporation, et al., Court of Chancery of the State of Delware - New Castle County, (Judge Donald F. Parsons), No. 1518-N. Bench trial from January 9-23, 2006. Represented two affiliates of Sprint Corporation in a dispute regarding a breach of management agreement between the parties. Court ordered Sprint to cease using Sprint trademark to promote Nextel products in client's exclusive territory.
Richard E. Hodge v. PIVP Hotel Management Corporation and Inland Venture Partnership, Ltd. d/b/a Capital Fund Associates I and Capital Fund Associates III. Tried in Superior Court for the State of California, County of Los Angeles, No. SC 044363. Represented City of Chicago Firefighter pension funds in an action to collect $2 million loan to Hodge. Hodge counterclaimed for $18 million on a lender liability theory. The jury returned a verdict for the Funds and against Hodge on all counts.
Markarian v. Markarian, et al., Circuit Court of Cook County, Chancery Division, (Judge Bernetta D. Bush), No. 98 CH 8500. Represented plaintiff, one of two shareholders, in a dispute regarding ownership and control of a closely held corporation. Court held plaintiff entitled to enforce shareholder agreement granting him control.
Richard Meyer v. Crain Communications, Inc., U.S. District Court, Northern District of Illinois (Judge James Zagel), No. 88 C 10373. Represented the plaintiff in a defamation action against Crain Communications for statements made in an article about plaintiff published in Crain’s magazine Ad Age. A jury verdict was returned against plaintiff; Court granted a judgment JNOV in plaintiff’s favor following post-trial motions. The case was later settled.
Scranton Gillette Communications, Inc. v. William O. Dannhausen, et al., U.S. District Court, Northern District of Illinois (Judge Warren K. Urbom), No. 96 C 8353. Represented plaintiff in action for theft of trade secrets, breach of fiduciary duty trademark infringement, false advertising. Jury returned verdict in favor of plaintiff.
The Goodyear Tire & Rubber Company v. Tire Grading Co., U.S. District Court, Northern District of Illinois (Judge Suzanne B. Conlon), No. 93 C 4623. Represented Plaintiff in a suit against one of its tire dealers for fraud and breach of contract. Client was awarded a verdict plus punitive damages.
Markarian v. Markarian, AAA Arbitration, Chicago, Illinois. Represented one of two shareholders in closely held corporation against claim of breach of fiduciary duty and other claims. Award in favor of client on breach of fiduciary claim as well as other claims.
Arbitration between Indiana Harbor Coke Company, L.P. and Ispat Inland Inc., Chicago, Illinois (Mel Jiganti, Arbitrator). Represented Ispat Inland Inc. in a breach of contract for the sale of coke. Arbitrator granted award on number of client's claims.
Arbitration between two manufacturing companies. Represented client in an action to apportion the relative fault between it as designer and the manufacturer of the equipment for personal injury loss resulting from use of the equipment. The results are confidential.
Institutional Equipment and Interiors, Inc. v. Muriel Hughes, Circuit Court of DuPage County, Illinois (Judge S. Bruce Scidmore), No. 84 CH 1102. Represented the plaintiff corporation in a dissenting minority stockholder appraisal lawsuit. The court rejected both parties’ suggested stock valuations and settled on a value in between the proposed valuations.
Illinois Department of Professional Regulation v. John Doe, M.D., Illinois Department of Regulation (Hearing Officer Patricia A. O’Brien). Represented the defendant/doctor in a administrative hearing in which the IDPR was seeking to revoke the medical license of our client on grounds of unprofessional conduct. Client was found not guilty.
Roger Lunsford v. Caterpillar Inc., Circuit Court of Lake County, Illinois (Judge Patrick Lawler), No. 92 L 1216. Represented the manufacturer/defendant in a personal injury/product liability suit. Case settled after jury returned verdict awarding plaintiff 1% of asked for damages.
Education:
New York University School of Law, JD, 1980, University of Chicago, BA, with honors and special honors, 1977. |
