For several years, in several states, Kerkman & Dunn has provided quality representation and excellent personal service to our clients. Below are examples of a few of our success stories
Citicorp North America, Inc. – (Wisconsin) Represented Citicorp North America, a subsidiary of Citigroup, specializing in lending to national franchisees, in collecting debt from Kentucky Fried Chicken franchisee in Wisconsin which filed chapter 11. Result: in cooperation with Chapter 11 trustee, sold restaurants to another franchisee, resulting in a full recovery of principal and accrued interest.
Prange Way, Inc. – (Milwaukee) Major role in representing chapter 11 debtor, a large discount department store chain. Result: confirmed liquidating plan with equity receiving significant distribution.
P.A. Bergner & Co./Carson Pirie Scott & Company – (Milwaukee) Major role in representing large chapter 11 debtor, a $1 billion department store company. Result: confirmed operating plan issuing stock on NASDAQ.
Ace Baking Co. – (Milwaukee) Represented three warehouses in collecting charges in the bankruptcy of Ace Baking, one of the largest ice cream cone makers in the country. Result: clients were promptly paid in release of their liens.
Carson Pirie Scott & Co. v. Quincy Mall, Inc. – (Milwaukee) Represented department store chain in claim brought by Quincy Mall for breach of shopping center lease. Result: voluntary dismissal of claim in Wisconsin so Quincy Mall could file the claim in Illinois. The claim was later barred on res judicata grounds because of the manner in which the Wisconsin claim was dismissed. Result: client paid nothing.
Anderson v. Wisconsin Central Railroad, Ltd. – (Milwaukee) Represented injured plaintiff that was struck by a train and suffered damages. Result: jury verdict of $780,000 in the plaintiff’s favor.
Goodman v. Milwaukee Funeral Services, LLC – (Milwaukee) Represented a company for claims that its trade name was being infringed and used in violation of The Lanham Act. Result: judgment finding infringement and awarding damages.
Wilmot Mountain, Inc. – (Wilmot, Wisconsin) Represented well-known ski area in restructuring its finances and avoiding an unrecorded right of first refusal and option to purchase held by a private lender holding debt with an above-market interest rate that prevented refinancing of the debt. Result: unrecorded interests voided, interest rate reduced by more than 50%, a confirmed plan, and a profitable business that has paid all its debt in full.
Heinemann’s Restaurants – (Milwaukee) Represented well-known restaurant chain that had been a community institution for more than 80 years in winding down its affairs without court intervention. Result: a successful wind down of the restaurant’s affairs without any lawsuits being filed even though none of the unsecured creditors was paid.
Muth Mirror Systems, LLC. – (Sheboygan, Wisconsin) Represented chapter 11 debtor that used chapter 11 to litigate a complex patent and contract case that it could not afford to litigate in Federal district courts. One major national law firm called the chapter 11 strategy “very sophisticated.” The case was tried in 9 months at a cost of one-third of the estimated costs of the litigation in the Federal district courts. Result: judgment of $2.8 million in favor of the debtor on the contract claim (the firm did not represent the debtor on the patent claims) and a confirmed plan paying all creditors in full.
Andrae Electric Co. – (Milwaukee) Represented acquiring party of the oldest electrical contracting firm in the country from its chapter 11 proceedings. Result: purchased company.
Winjak, Inc. & Jack Winter Apparel, Inc. – (Milwaukee) Co-counsel representing NYSE chapter 11 debtor, an apparel manufacturer. Result: confirmed plan which sold the company to “white knight.”
Patrick Cudahy, Inc. – (Milwaukee) Co-counsel representing major partially secured lender in the chapter 11 proceeding of Patrick Cudahy, a large food processor. Result: significant cash payment.
Semco, Inv. v. K.L. Stewart & Associates, Inc. – (Toledo, Ohio) Client is a manufacturer’s representative in the foundry industry which was sued by a manufacturer for breach of contract, theft of trade secrets, wrongful competition, conspiracy and fraud. Result: case dismissed in favor of client on summary judgment and judgment for client for unpaid commissions.
Datacare, Inc. – (Tampa, Forida) Represented one of the largest Milwaukee hospitals and took lead role for hospital clients of debtor. Result: chapter 11 trustee appointed and confirmed plan allowed hospitals to smartly migrate to new software systems.
Quebecor-Great Western Publishing, Inc. v. A.T. Mallad Enterprises, Inc. – (Santa Anna, California) Represented plaintiff in the printing industry in breach of contract dispute seeking lost profits; defendant counterclaimed seeking millions of dollars for unfair competition and theft of trade secrets under California law. Result: jury verdict of $500,000 for plaintiff.
Travel Dynamics, Inc. v. Sysnet Web, Inc. – (Phoenix, Arizona) Client was a developer of high-end web sites for multi-level marketing firms. Its client, Travel Dynamics, a NASDAQ multi-level marketing company, took an entire web site without paying for it. Travel Dynamics filed a suit in Phoenix as a preemptive measure, and the client filed a counterclaim, seeking injunction based upon copyright infringement. Result: after a hearing but before the court’s decision, the case settled.
Lopez v. Great Western Publishing, Inc. – (Phoenix, Arizona) Litigated enforceability of noncompetition covenant in employment agreement. Result: decision upholding enforceability of covenant and awarding nothing to the plaintiff.
Great Western Publishing, Inc. – (Phoenix, Arizona) Lead attorney for chapter 11 debtor, a $40 million publishing company, with $30 million of debts. Result: confirmed plan in 7.5 months with owner retaining control.
Princeton American Corporation – (Phoenix, Arizona) Lead attorney for major unsecured creditor of NASDAQ company. Result: obtained chapter 11 trustee within 2 months after filing.