Commercial Litigation

Litigating at the speed of success.®

Kluever & Platt’s Commercial Litigation practice is a uniquely client-focused team with a uniquely client-focused perspective. For any commercial enterprise, litigation is a necessary evil – a means to a business end. We staff, plan and manage cases with this in mind. Our objective is to get a dispute from Point A to Point B as cost-effectively and quickly as possible, with minimal disruption to our client’s business. We strive to provide practical, hands-on lawyering, and never lose sight of the strategic forest for the legal trees. Our clients frequently retain us when other firms mishandle cases or fail to move them forward.

In the end, we never forget that we exist to serve our clients’ interests. We think of the legal issue at hand as a grove of trees. Our job is to remember that the trees are important, but our job is to help our clients navigate their way through the forest, and get them, efficiently and professionally, to the other side, where the trees open up and they can continue their business journey.

Our litigation team handles a broad spectrum of complex commercial matters including disputes in the following areas:

Appeals

Not all litigation goes according to plan. And sometimes your opponent is unhappy with a particular ruling. No matter the reason, Kluever & Platt is well-positioned to handle your appellate needs. With several partners and attorneys skilled in handling over 75 appeals, you can rest assured that your case is in trusted hands.

Complex Contractual Disputes

Kluever & Platt’s attorneys have litigated wide-ranging complex contractual disputes, including matters involving limited liability company operating agreements, non-disclosure and non-compete agreements, construction contracts, and actions on promissory notes and personal guarantees, to name a few.

Landlord-Tenant Litigation

Kluever & Platt not only specializes in helping client’s craft leasing documents that suit their individual needs, but it also provides counseling when commercial and residential leases become the subject of litigation or eviction proceedings. The pitfalls surrounding such litigation are many, but Kluever & Platt’s experience in litigating many such cases over the years positions us to adequately defend your interests no matter the complexity of the dispute.

Construction and Real Estate

We have long represented architects, developers, contractors, and commercial and residential property owners in construction and real estate-related litigation. Our experience includes commercial and residential foreclosure litigation, mechanics liens, contractual disputes, commercial real estate broker claims, building code violations, commercial and residential lease disputes, quiet title actions, title curative, and reformation claims.

Insurance

When our clients get embroiled in insurance coverage disputes with insurers, they turn to us. We are no stranger to declaratory judgment actions filed by insurers against their insureds seeking declarations that an insurer owes no duty to defend its insured in third-party claims. Our client victories have included defeating an insurer’s attempt to obtain a declaratory judgment that it owed no duty to defend our client in multiple consolidated lawsuits against our client seeking over $20M in damages.

Other Areas of Litigation

Kluever & Platt’s breadth of knowledge extends into the following additional areas of commercial litigation:

  • Complex federal and state statutory litigation
  • Corporate dissolutions, including limited liability and partnership disputes
  • Declaratory judgments
  • Equitable remedies
  • Temporary restraining orders, preliminary and permanent injunctions
  • Uniform Commercial Code litigation
  • Replevin Actions

Representative Matters

  • Prevailed at trial in defending commercial real estate owner in claims asserted by a commercial real estate broker, and secured an award of attorney’s fees and costs for our client.

  • Prevailed at trial in defending out-of-state lender in Illinois Fairness in Lending Act claims, after being retained less than 60 days before trial.

  • Obtained injunctive relief for client in software licensing and trade secret action.

  • Prevailed at trial in mechanics lien foreclosure action, obtaining not only judgment on our subcontractor client’s claims, but also defeated breach of contract counterclaims brought by the property owner and general contractor.

  • Defeated claims for injunctive relief and fraud by joint venture partner against commercial real estate developer

  • Defeated claims for injunctive relief brought in Texas against our client, a multi-state real estate brokerage company.