Hon. Mary Colleen Roberts (Ret.) joins JAMS in Chicago after 18 years of distinguished service to the Cook County bench and an additional 17 years of service to the Cook County State’s Attorney’s Office and City of Chicago. In her time in the Law Division, Judge Roberts presided over complex commercial disputes involving breach of contract, business partnerships, deceptive practices, employment, professional liability, condominium actions, real property and construction. She has also presided over cases involving personal injury, including construction accidents and medical malpractice, as well as disputes arising in the areas of tax and eminent domain, family law, and trusts and estates.

Known as a patient and deliberative jurist, Judge Roberts seeks to resolve all the aspects of the cases before her. She believes well-managed dispute resolution processes give parties the opportunity to be heard and allow all sides of an issue to reveal themselves.

Representative Matters

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

• Banking
• Presided over motion practice culminating in entry of summary judgment in a breach of contract guarantee action on a commercial line of credit: BMO Bank N.A. v. Three Wise Net, Inc., et al., 2023 L 011679
• Adjudicated a claim over losses suffered through the presentment of checks by unknown persons; these unauthorized transactions were belatedly reported to the bank, and the parties’ contractual agreements, known as the "Deposit Account Rules & Regulations," allowed the bank to deny reimbursement of the funds to plaintiff: Arroyo v. Fifth Third Bank, 2023 L 4163
• Presided over motion practice in a negligent supervision claim where a religious institution alleged defendants had failed to enforce its internal policies and failed to adequately supervise a church employee, allowing her to misappropriate funds: Steven of Decani v. Fifth Third Bank, 2022 L 5182
• Business Commercial
• Mediated and settled 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: Alliance Funding v. Can Holdings, LLC, and Chase Penn.,  2023 L 002988
• Mediated and settled 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; the parties ultimately reached a settlement which resolved the nephew's concerns and preserved the integrity of the businesses: Salman v. Ahmed, Pall Global, Inc.,2023 L 009812
• Mediated and settled a breach of contract action involving retail premises and rent obligations abandonment during the 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: Broadway v. Custom Comm, 2022 L 004587
• Presided over 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: Chicago Title Land Trust v. Kausar YAA, 2022 L 010135
• Presided over motion practice of one of several claims brought by music manager against multi-Grammy-award-winning American rapper; under the agreement, manager was to receive 15% commission on all of rapper’s net profits; plaintiff sought relief under the Sales Representative Act, alleging he was entitled to 15% commission on all merchandise sold; extensive ESI discovery required close management of discovery process: Pat the Manager, LLC v. Chance the Rapper, LLC, et al., 2020 L 12697 & 2021 L 1899
• Presided over and mediated an action 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 the northwest suburbs of Chicago; the matter involved extensive motion practice and discovery, including voluminous ESI and challenges to expert witnesses: Monticello, et al. v. SPNA, et al., 2020 L 2467
• Presided over a for breach of contract and fraud between an owner-operator of commercial real estate and a “co-working” venture; the decision resolved issues related to corporate liability for LLCs and special purpose entities (SPE): Stockbridge v. Industrious National Mgmt., et al., 2020 L 010295 (affirmed on appeal)
• Presided over extensive motion practice on a complaint brought under the False Claims Act against authorized mobile phone retailers and two major corporate phone service providers; plaintiffs brought this complex commercial litigation action against 36 defendants; adjudicated claims against the corporate phone providers; supervised and managed extensive discovery issues related to all parties: Rodriguez-Fuentes v. Dish & Sprint, AR, 2020 L
• Mediated and settled a quantum meruit action involving an environmental management services company and a waste hauler: Set Environmental v. Power Cartage, Inc., 2020 L 927
• Presided over and mediated 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: CDL West, 45th Street, LLC v. OOS Investments, LLC, 2020 L 8155
• Presided over motion practice disposing of action against a multinational music publishing and record label company; 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: Carter v. BMG, 2020 L 009662
• Presided over 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: Larwood and Inman v. BGLRP., 2020 L 012562
• Presided over the successful mediation of a dispute brought by an office 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 personal relationships amongst the parties: Britt Industries, Inc. v. Krumwiede Roofing Inc. & GAF Materials, Inc., 2020 L 001770
• Mediated and settled an action seeking payment for four-plus years of legal services and costs and expenses related to litigation; parties were close personal friends: Wator v. Gundogdu, 2019 L 5925
• Presided over settlement negotiations and subsequent five-day trial in a cross-claim action related to of an anchor restaurant tenant of a downtown business improvement district redevelopment: Slyce Coal Fire Pizza Co. v. Metropolitan Square Plaza, LLC, 2019 L 8297
• Mediated and settled a longstanding 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 ESI and extensive discovery: Adamski v. AB CPA, Inc., 2019 L 2577 & 2019 CH 625
• Mediated and settled 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: Brennan v. Fireside Terrace Condo, 2017 CH 16243
• Class Action & Mass Tort

• Presided over Illinois Biometric Privacy Act (BIPA) litigation addressing whether defendants used a biometric time clock system that required plaintiffs to scan their facial geometry to clock in to and out of work: Butler v. Northwest Express, 2024 L 2555
• Presided over BIPA litigation addressing defendant’s preemption from litigation due to work as government contractor while performing work for private entities: Rojo v. Homer Tree Care, 2023 L 008588
• Presided over and resolved 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: Indeck v. Robert Wilson and Caldaia Controls, 2019 L 11717
• Adjudicated pretrial matters related to standing and complex discovery issues in an action 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: NAAPA, et al. v. Allstate Insurance Company, 2012 L 007947
• Construction

• Mediated and settled for breach of contract where the project’s final punch list was a moving target: Sekulovski v. J Development, 2023 L 007699
• Adjudicated 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: Aalbers v. LaSalle Hotel Properties, 2022 IL App (1st) 210494
• Presided over a trial involving a dispute brought by a home buyer against their contractor, real estate agent and the real estate company arising from the renovation of a residential property; the case involved allegations of fraud related to the transaction’s real property disclosure report; both parties presented complex claims regarding the quality of work, contractual obligations and representations made during the transaction; evidence from expert witnesses addressed complex construction, water infiltration and mold issues, requiring careful analysis to ensure a fair and just resolution of the parties’ competing interests: Haehnel v. Carian, Sawicki and At Properties, LLC, 2019 L 10373
• Employment Law

• Presided over mediation that resolved a breach of employment contract lawsuit where plaintiff claimed employer manufactured reasons to justify terminating him for cause: Pedrie v. Team Illinois, 2023 L 10375
• Presided over motion practice in an employment action alleging reverse racial discrimination, hostile work environment, sexual harassment, ADA discrimination and constructive discharge: Czadowski v. Vitas Healthcare, et al.,2022 L 10765
• Presided over and resolved an unpaid wages action brought under the Illinois Minimum Wage Act; the plaintiff successfully demonstrated that wages were due and owing from her employer; however, during the damages hearing, which included complex accounting and expert testimony, plaintiff failed to establish the amount of damages owed: Soucek v Breath of Life,  2022 L002148
• Presided over a 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 ESI discovery transmittals: Paz v. City of Chicago, 2021 L 514
• Presided over—and resolved through motion practice—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: Task Group v. Hrebic, 2021 L 6608
• Presided over an action involving alleged violations of the Illinois Human Rights Act 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 eve of trial: Fiala v. RMLS HOP, 2019 L 3733
• Presided over and adjudicated dispositive motions in an employment action for race, gender and age discrimination brought after termination following a layoff; matter settled following rulings on dispositive motions: Reyes v. Cook County Sherriff’s Office, 2018 L 012511
• Estate Probate Trusts

• Presided over a two-week trial in an action involving fraud, conspiracy and breach of fiduciary duty; trusts created in the 1960s for the benefit of decedent’s third wife, three daughters and other family members were decimated by trustees’ distribution of the trust money to the wife, who then gifted it to a caretaker; wife’s attorney acted in concert with trustees to shield their wrongdoing from the beneficiaries; after the misconduct was discovered, plaintiffs brought an action against the trustees, lawyer and caretaker: Smith v. Pivar, 2022 L 6298
• Presided over a three-week jury trial on a 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: Israel v. Israel, 2019 L 13669
• Family Law

• Presided over dissolution of marriage action and resolved issues related to parenting time, decision-making responsibilities, tax exemption designation, medical expense payments and attorneys’ fees: In re Marriage of Fabia Stafford-Cosby, 2019 Il App 1st, 182576-U; affirmed on appeal
• Adjudicated, through evidentiary hearing and resolution, cross-claims of dissipation where husband’s vague statements and lack of documentation negated his claim and proved his wife’s, thus allowing the court to determine the true amount of parties’ financial marital property; additional hearing on determination of business expenses to establish husband’s income for purposes of determining maintenance payment: Alonso-Sanchez v. Alonso, 2016 D 430369
• Presided over evidentiary hearing and adjudicated to resolution a petition to modify child support payments; each parent’s salary increase and the 2017 change in statutory guidelines triggered a review of payments: Hattersley v. Hattersley, 2012 D 430313
• Mediated and settled a post-decree out-of-state removal action involving two minor children, allocation of parenting time and child support issues: In Re Marriage of Rue, 2010 D 430112
• Adjudicated determination of duration and amount of maintenance pursuant to statutory guidelines following evidentiary hearing: Robles v. Robles, 2010 D 430230
• Insurance

• Presided over 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: Siegler v. State Farm, 2021 L 007223
• Presided over and 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 multiple contractors and subcontractors, with extensive pretrial motion practice, including motions to dismiss and multiple motions for summary judgment: Seneca v. Hollub, et al.; Hollub v. Rockwell, et al., 2019 L 013103
• Meditated 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: Singer v. Fidelity Life Insurance, 2020 L 9249
• Presided over motion practice and three-week jury trial in a breach of contract dispute between an international food distributor and a multinational insurance provider; the 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; matter resolved short of a verdict on the morning of closing arguments: Mondelez International Inc. v. Zurich American Insurance Company, 2018 L 11008
• Personal Injury

• Mediated and settled 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: Hunter-White v. City of Chicago, et al., 2018 L 002075
• Presided over pretrial motion practice and mediated wrongful death action involving numerous physicians, a physician group, nurses and a major suburban hospital: O’Hare v. Palos Hosp., et al., 2016 L 006843
• Professional Liability

• Presided over pretrial motion practice related to plaintiff’s aiding and abetting breach of fiduciary duty claim against family members and professional negligence claim against family attorney; upon resolution, the action against family members was settled; discovery ongoing as to professional negligence claims: Buss v. Chuhak & Tecson P.C.& Isselhard, 2021 L 7928
• Presided over a weeklong jury trial in a malpractice 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: McGrone v. Smith, 2019 M 1125191
• Presided over a weeklong legal malpractice trial 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: Hong v. Lee, 2017 L 7064
• Real Property

• Presided over pretrial motion practice and mediated dispute that included cross-claims of breach of contract and negligence in a real estate townhome development involving millions of dollars: Evoke v. Westover, 2019 L 013094
• Presided over motion practice that resolved 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: Tillman-Kelly v. Federal Home Loan Mort. Corp., South Shore Condominium, et al., 2019 L 002721
• Mediated and settled 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: Seok v. Mt. Sinai, 2018 L 013719

Honors, Memberships, and Professional Activities

• Alliance of Illinois Judges, Founding Member, President, Past President, Vice President, Secretary Board Member and Member, 2009–2024
• Illinois Judges Association
  • President, 2024
  • Vice-President and Officer, 2019–2024
• Pride Celebration Community Service Award, Cook County State’s Attorney’s Office, 2018
• Honoree, Commitment to Justice Award, Chicago Appleseed Fund for Justice and the Chicago Council of Lawyers, 2018
• Honoree, Leaders in the Judiciary Award, Alliance of Illinois Judges, 2017
• Leadership Award, Chicago Appleseed Fund for Justice and the Chicago Council of Lawyers, 2015

ADR Associations

• Certificate, Negotiation for Professionals, Northwestern University School for Professional Studies, 2024
• Negotiation and Mediation Skills Certificate, Chicago Bar Association, 2021
• Mediation Certificate, Center for Conflict Resolution, Chicago, 1996

Other Memberships and Affiliations

• Member, Lesbian and Gay Bar Association of Chicago (LAGBAC)
• Member, Women’s Bar Association of Illinois
• Member, Illinois State Bar Association
• Founder, Ravenswood Run (5K) (for the benefit of Ravenswood Community Services), 1996
• Marathon Runner, Boston Qualifier/Finisher
• Certified Instructor, American Canoe Association

Selected Publications and Speaking Engagements

• Lecturer; Judicial Decision-Making; New Judge School; Office of the Chief Judge of the Circuit Court of Cook County; April 18, 2024; Dec. 12, 2024
• Lecturer; Judicial Conduct; New Judge School; Office of the Chief Judge of the Circuit Court of Cook County; April 18, 2024; Dec. 12, 2024
• Panelist; Counteracting Bias and Increasing Cultural Competency in the Court System; Administrative Office of the Illinois Courts; New Judge Orientation; Springfield, May 2, 2022; Chicago, June 13, 2023.
• Panelist, 14th Annual Circuit Court Boot Camp Webinar, Dec. 17, 2024

Background and Education

• Circuit Court of Cook County, Illinois
  • Judge, Law Division, Commercial Section, 2021–2024
  • Judge, Law Division, Motions Section (certifying matters ready for trial)/Jury Section, 2020–2021
  • Judge, Law Division, Tax and Misc. Section, 2019–2020
  • Judge, Domestic Relations Division, Fourth District (Maywood), 2015–2019
  • Judge, Criminal Division, Felony Trial Court, 2010–2015
  • Judge, Fourth District (Maywood), 2008–2010
  • Judge, Juvenile Justice Division, 2007–2008
  • Judge, Municipal Division, Traffic, 2006–2007
• Assistant State’s Attorney, First Chair, Felony Trial Division, Narcotics, Cook County State’s Attorney’s Office, 2004–2006
• Supervising Attorney, Assistant Corporation Counsel, Municipal Division, Mayor’s License Commission, 1998–2004
• Hearing Officer, Juvenile Protection Division, Office of the Chief Judge, 1996–1998
• Assistant State’s Attorney, Cook County State’s Attorney’s Office, 1989–1996
• J.D., DePaul University College of Law, 1989
• Program Manager/Care Worker, Roberts Home, Maryville Academy (residential youth care home), 1981–1986
• B.A., cum laude, Psychology, Benedictine University (f/k/a Illinois Benedictine College), 1981