Representative Matters

In her judicial roles and at JAMS, Judge Roberts has extensive adjudicative and settlement experience in a wide variety of areas, including:

Banking
• • Adjudicated a breach of contract guarantee action on a commercial line of credit
  • Adjudicated a claim over losses suffered by plaintiff through the presentment of checks to the bank by persons unknown to the plaintiff; these unauthorized transactions were belatedly reported to the bank, and the black letter law of the parties’ contractual agreements formed the basis of a judgment in the bank’s favor
  • Adjudicated a negligent supervision claim where a religious institution alleged defendants had failed to enforce its internal policies, leading to the misappropriation of church funds
Business Commercial
• • Mediated to resolution claims of breach of contract and breach of guarantee between a financing group, an LLC and an individual guarantor; negotiations centered on resolving confusion related to plaintiff’s damage calculations
  • Mediated to resolution a dispute between an uncle and nephew who co-owned two health care companies under an operating agreement; the nephew alleged breach of contract and fiduciary duty, conversion and fraudulent transfer, accusing the uncle, who managed the companies, of misappropriating funds for personal use; both parties presented expert witnesses with competing business valuation reports; settlement reached resolved nephew's concerns and preserved the integrity of the businesses
  • Mediated to resolution  a breach of contract action involving retail premises and rent obligations abandonment during the COVID-19 pandemic; in addition to the ongoing economic loss caused by the pandemic, the subject property also sustained damage in civil unrest following the murder of George Floyd
  • Adjudicated an action involving breach of a lease agreement; property at the center of the dispute was a land trust transferred to a named individual plaintiff and his wife’s trust; defendants challenged her ownership interest in the property; the case involved trustees, successor trustees’ issue and other property interests
  • Adjudicated multiple issues found in several claims brought by music manager against multi-Grammy-award-winning American rapper; under the agreement, manager was to receive a percent of commission on all of rapper’s net profits; manager sought relief under the Sales Representative Act, alleging he was entitled commission on all merchandise sold; extensive Electronically Stored Information (ESI) discovery required close management of discovery process
  • Mediated an action, after adjudication on multiple issues, brought by a solicited investor against a Chicago-based real estate investment firm; the breach of contract, fraud and breach of fiduciary claims related to plaintiff’s interest in a 500-unit apartment rental property, in addition to the matter’s extensive motion practice, including challenges to expert witnesses; discovery issues included managing voluminous Electronically Stored Information (ESI)
  • Adjudicated claims of breach of contract and fraud based on a piercing the corporate veil theory as to the defendant “co-working” corporation’s liability for LLC’s and Special Purpose Entities (SPE); judgment in favor of commercial real estate plaintiff. Affirmed by Illinois Appellate Court
  • Adjudicated claims brought under the False Claims Act (Qui Tam) against two multinational corporate phone and phone service providers and 36 retail phone merchants; supervised and managed extensive discovery issues related to all parties
  • Mediated a quantum meruit action involving an environmental management services company and a waste hauler
  • Mediated and subsequently resolved an action involving a choice of laws clause in commercial lease allowing defendant to post billboards on the side of plaintiff’s New York City building
  • Adjudicated an action against a multinational music publishing company and record label; plaintiff alleged breach of an underlying settlement agreement resolving copyright infringement disputes over a book of songs where, plaintiff, as heir of the songwriters, claimed ownership and payment of royalties
  • Adjudicated a commercial real estate matter where leasing agents sued their employer for failure to pay commissions; the case involved significant motion practice concerning spoliation of evidence; resolved cross-motions for summary judgment, which addressed key issues and focused the scope of the proceedings on the core disputes
  • Mediated to resolution a dispute brought by building owner against roofing and materials companies over the installation of a new roof; the roof began leaking shortly after installation and the materials company refused to honor its guarantee unless repairs were made by the roofing company: the mediation required navigating the complexities of personal relationships amongst the parties
  • Mediated to resolution an action seeking payment for four-plus years of legal services and costs and expenses related to litigation; parties were close personal friends
  • Mediated and subsequently resolved through trial a cross-claim action related to an anchor restaurant tenant of a downtown business improvement district redevelopment; final judgment affirmed on appeal
  • Mediated to resolution a long-standing lawsuit arising from the sale of an accountancy and tax practice; buyer alleged tortious interference with contract and business expectancy, as well as violation of the Illinois Trade Secrets Act related to seller’s use of customer lists and client pricing information; the matter involved large amounts of Electronically Stored Information (ESI) and extensive discovery
  • Mediated to resolution claims for breach of fiduciary duty, tortious interference with contract and vicarious liability in an action between a condominium owner and its board and president; the action related to the sale of plaintiff’s condo, which was put on the market because of the board president’s harassment of the owner and his wife
  • Mediated a dispute between condominium association and townhome association related to a common area governed by a shared-cost agreement; precarious negotiations focusing on maintaining relationships between community and board members while addressing funding stalemate
  • Adjudicated a dispute plaintiffs brought against a condominium association, alleging the board violated association bylaws and breached its fiduciary duty by imposing a special assessment without board approval: other issues revolved around the board’s failure to observe the open meeting rules, its disregard for ownership as a requirement for board membership and failure to maintain sufficient reserve funding
Class Action & Mass Tort
• • Adjudicated defendant’s class action counterclaim, finding no standing, as defendant failed to establish the statutory prerequisites and failed to sufficiently allege a cause of action upon which the counterclaim is based
  • Adjudicated claims brought by a professional association and numerous association members against a major national insurance company; the complaint alleged breach of contract and sought declaratory, injunctive and monetary relief; resolved issues of standing and complex discovery matters
Construction
• • Mediated to resolution a  breach of contract action where the project’s final punch list was a moving target
  • Adjudicated a complex construction negligence matter involving a hotel, multiple contractors and a subcontractor related to an alleged defect created during a major renovation of a hotel and its lobby area
  • Adjudicated a dispute brought by a homebuyer against their contractor, real estate agent and the real estate company arising from the renovation of a residential property; judgment addressed fraud allegations related to the real property disclosure report; competing complex claims as to the quality of work, contractual obligations, transactional representations, complex construction, water infiltration and mold issues
Cybersecurity & Privacy
• • Adjudicated a claim involving Illinois Biometric Privacy Act (BIPA) focusing on defendant’s use of a biometric time clock system that required plaintiffs to scan their facial geometry to clock in to and out of work
  • Adjudicated an Illinois Biometric Privacy Act (BIPA) claim addressing defendant’s preemption from litigation due to work as a government contractor while performing work for private entities
Employment Law
• • Mediated a wrongful termination dispute involving claims of gender discrimination, retaliation, and harassment under Title VII and the Illinois Human Rights Act, focusing on discrimination in employment decisions and denial of promotion opportunities
  • Mediated to resolution a whistleblower case where plaintiff claimed she was wrongfully discharged after she notified state authorities of elder abuse by a care provider in a long-term care facility
  • Mediated to resolution a wrongful discharge breach of employment contract suit where plaintiff claimed employer manufactured reasons to justify terminating him for cause
  • Adjudicated an employment action alleging American with Disabilities Act (ADA) discrimination, reverse racial discrimination, hostile work environment, sexual harassment and constructive discharge
  • Adjudicated an unpaid wages action brought under the Illinois Minimum Wage Act (IWMA); the plaintiff successfully demonstrated that wages were due and owed from her employer; however, during the damages hearing, which included complex accounting and expert testimony, plaintiff failed to establish the amount of damages owed
  • Adjudicated a wrongful discharge complaint based upon whistleblower complaint brought by police lieutenant after he was removed from his supervisory position for refusing to participate in illegal traffic stop quotas; extensive motion practice and close monitoring of voluminous Electronically Stored Information (ESI) discovery transmittals
  • Adjudicated a matter involving interpretation of an employment contract; company sought a determination that it owned the employee's book of business, including all accounts employee serviced during her employment, irrespective of whether she had previously serviced those same accounts at other agencies; additionally, the company contended a noncompete clause in the contract barred the employee from soliciting or accepting business from accounts that were active during her employment unless she complied with contract purchase agreement
  • Adjudicated an action involving alleged violations of the Illinois Human Rights Act (IHRA) based upon gender and race/heritage discrimination; plaintiff alleged workplace harassment, which led to constructive discharge; after extensive motion practice on issues of damage mitigation, release of mental health records and spoliation, the matter settled on the eve of trial
  • Adjudicated employment action for race, gender and age discrimination brought after termination following a layoff
Estate Probate Trusts
• • Presided over a two week trial in an action involving fraud, conspiracy and breach of fiduciary duty related to trusts created in the 1960s for the benefit of decedent’s relatives; findings that trusts were decimated by trustees’ distribution of the trust money to third wife as well as findings that  wife’s attorney acted in concert with trustees to shield their wrongdoing from the beneficiaries formed the basis of the judgment in favor of plaintiffs
  • Presided over a three week jury trial on a complex complaint filed by brother against sister seeking to uphold an inter vivos gift of commercial property from their father; the case involved contrasting evidence from experts as to the father’s mental and physical well-being, as well as a multitude of witnesses testifying as to the character and bad acts of each of the respective litigants
Health Care
• • Mediated a medical malpractice wrongful death action involving insurance providers, numerous physicians, a physician group, nurses and a major suburban hospital
  • Adjudicated a medical malpractice action against a hospital; issues included determination whether medical records are protected by Illinois Mental Health and Developmental Disabilities Confidentiality Act
  • Mediated a medical malpractice action against a major metropolitan hospital, its employees and insurance company for negligent care following lumbar spine surgery resulting in permanent injury
Insurance
• • Adjudicated a case involving insurance coverage for hail damage; the insurer denied the claim, though it had paid claims for similar damage to homes within a mile of the plaintiff's property; the case involved competing expert testimony, including specialists in meteorology and hail damage assessment, to determine the extent and cause of the alleged damage
  • Adjudicated cross-complaints in a complex insurance coverage subrogation action with spoliation claims related to the fire investigation at the center of the claim; the action involved insurance carriers, multiple contractors and subcontractors
  • Meditated a breach of contract action involving disability insurance claims; plaintiff also brought claims for statutory penalties to be imposed for unreasonable and vexatious delay; case involved evidence of trespass and invasion of privacy stemming from defendant’s video surveillance of plaintiff at a family member’s wedding; complex evidentiary issues revolved around numerous disability insurance claims plaintiff made to defendant, plaintiff’s employer, a private insurance company and the Social Security Administration
  • Presided over a three week jury trial in a breach of contract dispute between an international food distributor and a multinational insurance provider; the plaintiff insured sought coverage following two malware attacks involving 1,700 servers and 24,000 laptops; the attack rendered this equipment permanently dysfunctional, resulting in a global logistical shutdown companywide
Personal Injury & Torts
• • Mediated to resolution a personal injury action against the City of Chicago, Chicago Park District, organizers of a major outdoor summer music festival, a national fencing company and several other entities related to sidewalk obstruction
  • Adjudicated a complex personal injury matter involving a hotel, multiple contractors and a subcontractor related to an alleged defect created during a major renovation of a hotel and its lobby area which plaintiff claimed allegedly caused her injuries
Professional Liability
• • Adjudicated a breach of fiduciary duty claim against family members and a professional negligence claim against family attorney, resulting in the settlement of the action against family members
  • Adjudicated an action against a dentist for claims related to orthodontic treatment; testimony included dueling experts’ opinions on the standard of care and defendant’s qualifications to render orthodontic care
  • Adjudicated a legal malpractice action where defendant’s alleged failure to timely respond to discovery requests led to the admission of critical facts, forming the basis for summary judgment entered against plaintiff in the underlying matter
Real Estate & Real Property
• • Adjudicated and mediated a dispute that included cross-claims of breach of contract and negligence in a real estate townhome development involving millions of dollars
  • Adjudicated a dispute plaintiffs brought against a condominium association, alleging the board violated association bylaws and breached its fiduciary duty by imposing a special assessment without board approval; other issues revolved around the board’s failure to observe the open meeting rules, its disregard for ownership as a requirement for board membership and failure to maintain sufficient reserve funding
  • Mediated and settled a breach of contract dispute between building owner’s son, who held the property in trust for his father’s family, and a community hospital operating in an economically depressed area; resolution centered on the hospital’s ability to fulfill its mission with the fiduciary’s duty to the family trust