Jury awards our client full measure of damages on counterclaim and denies plaintiff’s claim

A telecommunications provider represented by Mandell Menkes recently prevailed on all issues tried to a Cook County jury following two weeks of testimony and argument.  The plaintiff in the case, a national storage company, alleged that our client committed common law fraud and negligent misrepresentation, violated the Illinois Consumer Fraud and Deceptive Business Practices Act (“ICFDBPA”), and breached a series of contracts by charging for telecommunications services the storage company did not use or want. 


At the conclusion of the plaintiff’s case, the court entered a directed verdict in favor of our client on the common law fraud and negligent misrepresentation counts, and the plaintiff voluntarily dismissed its ICFDBPA claim with prejudice.  In our client’s case in chief, we presented evidence of the terms of the parties’ contractual agreements and emphasized that the plaintiff actually owed our client a substantial sum for unpaid telecommunications services and products.  After deliberating for five hours, the jury reached a verdict  that: (1) denied any recovery to the plaintiff on its breach of contract claim; and (2) awarded our client, the telecommunications provider, all of the damages sought on its counterclaim plus termination fees and interest for overdue payments. Steve Rosenfeld led the Mandell Menkes trial team with assistance from Rebecca Edwards.