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Marion Adler has represented businesses in all facets of commercial litigation for over 25 years. In addition to extensive experience in the state and federal courts in Illinois and other states, she has frequently represented clients in arbitrations and mediations. |
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| ISSUE EXPERIENCE: |
Representative examples of recent commercial and contractual disputes that she has handled include: • General Citrus International, Inc. v. Remien , No. 04 C 6402, 2009 WL 483855 (N.D. Ill. Feb. 26, 2009) – Granting partial summary judgment in favor of client/plaintiff's claims to enforce guaranty of subordinated debt. Resolution turned on Court's finding that an alleged assignment of the senior indebtedness was invalid and lacked consideration, such that payment made by guarantor to senior creditor for “assignment” was in fact a disguised satisfaction of the senior indebtedness and obligation to honor guaranty of subordinated debt had therefore matured. Shortly before trial, case settled for sums in excess of outstanding guaranteed indebtedness. • Boiko v Johnstone Co. , No. 05 L 14649 (Ill. Cir. Ct. Cook Cty. Jan. 11, 2008) – Lawsuit involved claims that lubricant supplied by client defendant was unsuitable for use in HVAC pumps, resulting in alleged premature failure of the equipment. In a series of rulings, the Court granted client's motions to dismiss. Defenses included the UCC's provisions for disclaimer of implied warranties and limitations of remedies, statute of limitations, and economic loss doctrine. • 600 Fairbanks Ct. Dev. Co. v. Rosenberg , 06 CH 25655 (Ill. Cir. Ct. Cook Cty. Aug. 9, 2007) – Lawsuit on behalf of client LLC engaged in development of high-rise condominium project against LLC's former manager for breaches of fiduciary duties. Cited ruling was in favor of client, denying former manager's motion that LLC be required to advance payment of legal fees incurred by former manager in lawsuit. Case settled shortly thereafter.
Representative examples of recent class action cases that she has defended include: • Barnes v. AIMCO Hyde Park Tower , LLC , No. 08 CH 29092 (Ill. Cir. Ct. Cook Cty. Jan. 7, 2009) – Enforcing arbitration clause in named plaintiff's lease to dismiss putative Chicago Residential Landlord & Tenant Ordinance class action. • Miller v. Ellis , No. 08 L 353 (Ill. Cit. Ct. Cook Cty. July 24, 2009) - Dismissing putative class action under Chicago Residential Landlord & Tenant Ordinance on ground that defendants' full tender of damages to named plaintiff mooted dispute. • Perry v. First National Bank , No. 05 C 1470, 2005 U.S. Dist. Lexis 23100 (N.D. Ill. Sept. 13, 2005), aff'd 459 F.3d 816 (7 th Cir. 2006) and Bonner v. CorTrust , No. 2:05-CV-137 PS, 2006 WL 1980183 (N.D. Ind. July 12, 2006) – Dismissing putative class actions arising under Fair Credit Reporting Act's provisions governing accessing of consumer credit reports. • Whiting Corp. v. MSI Mktg., Inc., No. 02 CH 6332 (Ill. Cir. Ct. Cook Cty. Apr. 3, 2003) - On motions to dismiss brought in approximately 50 consolidated cases arising from fax advertising, court granted dismissal of claims asserted under Illinois Consumer Fraud Act against all defendants, as briefed and argued by Ms. Adler, serving as lead counsel on ICFA defense.
Representative examples include: • Millard Chicago Window Cleaning, LLC v. Mesirow Ins. Services, Inc. , No. 05 L 1507 ( Ill. Cir. Ct. Cook Cty. May 1, 2009) – Granting summary judgment on liability in favor of client/plaintiffs against insurance broker for malpractice arising out of erroneous information supplied by broker on insurance application, which had resulted in rescission of policy issued to client-insured. • Indiana Regional Council of Carp. Pension Tr. Fund v. Fidelity & Deposit Co. , No. 2:06-CV-32 PS, 2007 WL 683795 (N.D. Ind. March 2, 2007) - Summary judgment for client-policyholder on claims under fidelity bond, rejecting insurer's denial of claim based on policy's suit limitations clause. • Nvidia Corp. v. Federal Ins. Co., No. 04 C 7178, 2005 WL 2230190 (N.D. Ill. Sept. 6, 2005) – Summary judgment in favor of client/policyholder that the insurer had duty to defend claims sounding in tortious interference when underlying complaint alleged that policyholder's interference included defamatory remarks, bringing the claim within the scope of Personal Injury Liability coverage of client's CGL policy. • U.S. Gypsum v. Admiral, 643 N.E.2d 1226 (Ill. App. 1st Dist. 1994), and U.S.F. & G. v. Wilkin Insulation Co ., 578 N.E.2d 926 ( Ill. 1991) – Two leading cases decided under Illinois law establishing insurance coverage for asbestos-related property damage claims. Ms. Adler represented the policyholder in both cases.
Representative examples include: • Anderson v. Golf Mill Ford, Inc. , 383 Ill. App. 3d 474, 890 N.E.2d. 1023 (1 st Dist. 2008) – Affirming Circuit Court's grant of client/defendant's petition to confirm arbitral award by AAA, and denying plaintiff's cross-petition to vacate. • CPL, Inc. v. Fragchem Corp. , 512 F.3d 389 (7 th Cir. 2008) – Reversing lower court's order that client-plaintiff was required to arbitrate dispute.
Representative examples include: • U.S. Office Prod. v. DeMarco , No. 4-00-0927 (Ill. App. 4 th Dist. 2001) - On appeal brought by client-plaintiff, reversing trial court's denial of preliminary injunction against former officers and employees who formed competing business while still employed by client. • Woodfield Group v. Nuehring , No. 99-1393 (Ill. App. 1 st Dist. 1999) - Affirming preliminary injunction in favor of client-plaintiff against former employee and new employer for breach of restrictive covenants. • Dunlap v. Alcuin Montessori School , 298 Ill. App. 3d 329, 698 N.E.2d 574 (1st Dist.), app. denied , 179 Ill. 2d 580, 705 N.E.2d 436 (1998) – In appeal on behalf of defendant school, reversing jury verdict in plaintiff's favor for breach of written employment contract and affirming Circuit's dismissal of plaintiff's defamation claims.
Representative examples include: • Thermal Management, Inc. v. Coactive Networks , 99 C 5210 (N.D. Ill. Dec. 1, 2000) – Dismissing defamation suit filed against client, an engineering firm hired by federal GAO to troubleshoot problems with Dirksen Federal Building's HVAC system. Alleged defamation consisted of critical comments made by client regarding quality of services provided by plaintiff, which had installed the HVAC system. • Dubrovin v. Marshall Field's & Co. Employees' Credit Union , 180 Ill. App. 3d 992, 536 N.E.2d 800 (1 st Dist. 1989) – Affirming dismissal of defamation claims asserted against client/defendant arising from manner in which plaintiff's employment had been terminated.
Representative examples include: • Stafford Trading Inc. v. Lovely , No. 05 C 4868, 2007 WL 1512417 (N.D. Ill. May 21, 2007)– In this currently pending action, Ms. Adler and her partners are defending against claims of copyright infringement and pursuing counterclaims under the Illinois Trade Secret Act involving proprietary software used in trading of derivative products. In the cited opinion, the District Court denied the plaintiff's motion for summary judgment. In an earlier ruling, 2007 WL 1238915 (N.D. Ill. Apr. 26, 2007), the District Court upheld the Magistrate Judge's order that the plaintiffs produce documents for which they asserted claims of privilege. • RWT Corp. v. Wonderware Corp. 931 F. Supp. 583 (N.D. Ill. 1996) – Denying preliminary injunction against client-defendant accused of trademark infringement.
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| EDUCATION: |
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| PROFESSIONAL ACTIVITIES: |
Ms. Adler frequently writes and speaks on subjects relating to commercial litigation, including:
From July 2000 to 2002, Ms. Adler was the Co-Chair of the Practices and Procedures Subcommittee of the ABA's Insurance Coverage Committee of the Section on Litigation.
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| FORMER AFFILIATIONS: |
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| BAR ADMISSIONS: |
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General Commercial and Contractual Disputes: Ms. Adler has represented businesses in a wide variety of contractual and commercial disputes arising, for example, from distribution contracts, purchase agreements, licensing agreements, and partnership and LLC agreements. 
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