Ring Litigation P.C.

FIRM PRACTICE AREAS
A. Real Estate

1. Housing

Security deposit issues
Landlord Tenant
Lease Beaches
Evictions
Discrimination
Section 8 issues
Voucher issues
Premise Liability
Sexual Harassment
Issues under the Residential Landlord & Tenant Ordinance
Mobile Home & Manufactured Home Issue
Security Deposit Return Act
Security Deposit Interest Act
Rent Abatement Act
Seller Disclosure Act
Seller Fraud
Broker Fraud
Utility theft issues
Utility meter issues
Consumer fraud
Wrongful Eviction/Lockout/Security Deposit issues
Foreclosure defenses
Appraisal fraud
Predatory Lending
Seller/Lease back/breach/fraud
Option
Real Estate contracts
Title/Deed Issues
2. Commercial Issues

Eviction
Lease Beaches/Interpretation
Notice issues
Ownership/Management disputes
Partnership disputes/deadlock
LLC disputes
Land Trust disagreement disputes/deadlocks
Partition suits
Foreclosure suits
Articles of agreement disputes
Sale contract disputes
Broker disputes
Earnest money disputes
Mortgage broker disputes
Construction escrow disputes
Construction Completion disputes
Governmental Contract disputes
Mechanic Lien disputes
Sheriff sale disputes
Rights of first refusal/options disputes
Developer issues
General contractor disputes
Constructive fraud
Quit Claim/title disputes
Joint tenancy disputes
Lender issues
Mortgage Foreclosure
Bank/Financing disputes
Shareholder/Member disputes
3. Probate disputes

Executor removal
Guardianship disputes
Will contests
Heirship disputes
Asset determination Joint Tenancy/Gift issues
Asset ownership
4. Consumer Issues

TILA
Class Actions
Prosecution & Defenses
Warranty issues
Banking issues
Governmental voucher issues
Housing issues
Lending issues
Utility Issues
Credit issues
Magnuson-Moss cases
Lemon law
5. Commercial

Fraud
Consumer fraud
RICO
Warranty issues
Business contract disputes
Substantial completion
Partnership issues
Accounting issues
Broker fraud
Fraud in inducement to buy or sell
Financial malpractice
I. LITIGATION EXPERIENCE

A. JURY TRIALS EXPERIENCES
BNR, P.C. has tried cases before juries in the following areas: personal injury [plaintiff defendant], car accidents, slip and fall, intentional torts, punitive damages, landlord/ tenant [plaintiff and defendant] eviction, both commercial and residential and lease damages; contract, warranty disputes, personal property, restaurant equipment conversion, fraud, sale of a business, and breach of contract, breach of business contracts and U.C.C. claims.

B. BENCH TRIALS
BNR, P.C. has tried other non-jury cases before Judges in the following areas: probate, [claims for services, real estate partnerships, guardianship fees, deeds, accounting between partners/shareholders, joint tenancy accounts, gifts, embezzled monies] chancery, [accounting, specific performance, declaratory, constructive trust, and injunctive relief, eviction (commercial residential), corporate fraud, consumer fraud, fraud, real estate fraud, bankruptcy fraud, partnership disputes liens] contracts [lease breaches, license breaches evictions, retaliatory evictions, earnest money disputes, forfeitures, contract breaches-defaults, real estate, mortgage brokerage, and business broker commissions, statutory fraud (Consumer Fraud and Deceptive Practices Act,) RICO, common law statutory and ordinance violations, uniform commercial code disputes] various criminal matters, trust reformations, real estate license disciplinary matters, state sales tax, Bulk Sales Act, statutory (Residential Landlord/Tenant Ordinance state statutory Landlord/Tenant utility, theft, thereof), Housing Discrimination and class action cases, both prosecution and defense.

C. THE APPELLATE PRACTICE GROUP
Often, the need arises to appeal a Judge’s judgment or the Jury’s verdict or to defend the opponent’s appeal of those decisions. The process of appellate litigation requires a detailed knowledge of the appellate procedure and the nuances of appellate practice and persuasion. The appellant in order to reverse the trial court must persuade a three-justice panel of the Appellate Court that a Circuit Court

judge committed a harmful error. In Illinois not only are there Illinois Supreme Court Rules governing appeals to both the Appellate Court and the Supreme Court but the Appellate Courts in each of the 5 Illinois Appellate Districts promulgate their own rules for additional appellate procedure. BNR, PC has extensive experience in Appellate Practice in Courts of Appeal in Illinois. The Appellate Courts in Illinois often do not publish the results of their appellate decisions pursuant to Illinois Supreme Court Rule 23 which among other reasons limits each District to a certain number of issued published opinions each year. BNR, PC has participated in more than 65 Illinois Appellate appeals and among them are eight published decisions. The decisions cover a wide range of topics and clarified Illinois Law in wide-ranging issues. BNR, PC has experience in the following types of Appellate work:

To the Appellate Court directly from the Circuit Courts following a trial;
To the Appellate Court directly from the Circuit Court following a dispositive motion;
To the Appellate Court directly from the Circuit Court following supplemental procedures;
To the Appellate Court directly from the Circuit Court following non-final interlocutory orders;
Directly to the Illinois Supreme Court for Writs of Mandamus;
Directly to the Illinois Supreme Court for Supervisory Orders;
From the Illinois Appellate Court to the Illinois Supreme Court for Petitions for Leave to Appeal;
Contested motions in the Appellate Court;
Oral Arguments before the 3 Justice Panel;
The preparation of Briefs, Motions, oppositions to Motions, (appellant, appellee, cross-appellant, reply, Petitions, Motions and supporting memorandums)

In addition, litigants may wish to pursue review of the decisions of State, Municipal and other Governmental agencies. The appeals in those cases must proceed through the Chancery Courts on Petition for Administrative Review. BNR, PC has experience in Chancery appeals in the areas of Sales Tax issues from the Illinois Department of Revenue, License regulation issues from the Office of Banks and Real Estate, and Liquor License Appeals.

Berton N. Ring is a member of the Illinois Appellate Lawyers Association. Each brief is the collaboration of the effort of at least two attorneys at BNR, PC and the end product of a minimum of numerous drafts and re-writes. BNR, PC has participated in appeals in the following issues:

Appellate Procedure;
Civil Procedure;
Supplemental proceedings;
Commercial Evictions;
Residential Evictions
Landlord-Tenant matters
Partnership disputes:
Mortgage Broker claims;
Foreclosure issues;
Eminent Domain and Real Estate Evaluation;
Fraudulent Conveyance;
Mechanic Lien matters;
Principal/Guarantor matters;
Probate and Guardianship matters;
Attorney fee issues;
Attorney Lien issues;
Summary judgment;
Breach of contract issues
Commercial Bribery issues;
Real Estate Broker and Business broker claims;
Installment Sales of Real Estate;
Constructive Notices on Real Estate Sales;
License Suspension issues;
Sales Tax issues;
Trial Practice issues; and
Statutory claims under the Chicago Residential Landlord and Tenant Ordinance

BNR, PC has handled appeals as referred matters from other law firms and works with other law firms in the handling of their appeals. BNR, PC has handled appeals for clients, individuals and businesses from which other law firms handled the trial matters. BNR, PC can work with budgets, flat fee billing or hourly billing.

SUMMARY OF PUBLISHED APPEALS

STATE COURT
IN RE THE ESTATE OF LAWRENCE BYRD, a Disabled Person, ALLEN JACKSON, SR., Plenary Guardian of the Estate and Person, Plaintiff-Appellant, v. ELLIOTT MUSE and CAROL JOHNSON, 227 Ill. App. 3d 632; 592 N.E.2d 259; 1992 Ill. App. LEXIS 408; 169 Ill. Dec. 772.

The Circuit Court of Cook County granted appellant cousin's petition naming him guardian of a disabled person's estate and denied the disabled person's putative daughter's petition to be named guardian of the same estate. The court also granted the petitions for attorney fees of appellees, the putative’s daughter. The cousin challenged the order granting fees to appellees. The disabled person placed on several of his bank accounts the cousin's wife's name. The cousin's wife later removed certain monies from one of the accounts. The disabled person, accompanied by his daughter, retained an attorney to file a petition seeking the return of the monies taken by the cousin's wife. A judge entered a temporary restraining order preventing the cousin and his wife from using or disposing of the money. When the cousin initiated the instant action, the disabled person and his daughter retained another attorney to oppose the appointment of a guardian, or if guardianship was unavoidable, to have the daughter appointed as guardian. On appeal, the cousin argued that there was no statutory basis for granting fees to appellees and that the services of appellees failed to provide any benefit to the estate. The appellate court affirmed the trial court's award of fees to appellees, holding (1) that the daughter was a proper representative, (2) that the daughter's unsuccessful resistance to the cousin's petition did not bar her recovery of fees, and (3) that the daughter's actions benefitted the estate to some extent.

The appellate court affirmed the trial court's judgment, including its order granting fees to the daughter's attorneys. Mr. Ring represented the guardian/appellant.

ECKEL v. MACNEAL, 256 Ill. App. 3d 292; 628 N.E.2d 741; 1993 Ill. App. LEXIS 1871; 195 Ill. Dec. 277, December 20, 1993.

The appellate Court vacated an order of possession entered against the tenant whereby the tenant failed to pay the use and occupancy per previous court order from the trial court. The appellate court reversed the order of possession since the court ruled that no trial procedures were followed by the trial court. Mr. Ring represented the landlord/appellant.

CLASSIC HOTELS, LTD. v. LEWIS, 259 Ill. App. 3d 55; 630 N.E.2d 1167; 1994 Ill. App. LEXIS 245; 197 Ill. Dec. 43, February 24, 1994.

The Trial Court Dismissed the complaint brought by limited partnership against partners was improper where trial court erred by ruling that the partnership was terminated based on allegation that a party wound up the partnership. Mr. Ring represented one of the partners/appellant.

VANDERPOEL v. KRYCH, 332 Ill. App. 3d 51; 773 N.E.2d 40; 2002 Ill. App. LEXIS 523; 265 Ill. Dec. 678, June 25, 2002.

Motion for leave to amend complaint after entry of judgment was not valid post-judgment motion and its filing did not toll running period for filing notice of appeal. Notice of appeal was untimely held. Mr. Ring represented the tenant/appellant.

MARBLE EMPORIUM v. VUKSANOVIC, 339 Ill. App. 3d 84; 790 N.E.2d 57; 2003 Ill. App. LEXIS 573; 273 Ill. Dec. 915, May 9, 2003.

Trial court in Mechanics Lien dispute erred in allowing supplementary proceedings against corporate president, after a default judgment the Court entered against corporate president, since there was no finding under Illinois Supreme Court Rule 304(A). Mr. Ring represented the Contractor/corporate president/appellant.

BOARD OF TRUSTEES OF THE UNIVERSITY OF ILLINOIS v. SHAPIRO, 343 Ill. App. 3d 943; 799 N.E.2d 383; 2003 Ill. App. LEXIS 1224; 278 Ill. Dec. 665, 2003.

As owner's evidence of value of condemned property was properly excluded, jury had only plaintiff's evidence of value to consider; court thus properly directed verdict for plaintiff, setting compensation in amount plaintiff's evidence established. Mr Ring represented the owner/appellant. Another firm conducted the jury trial.

WANG v. MARCUS BRUSH COMPANY, 823 N.E.2d 140, 354 Ill. App. 3d 968 (1st Dist. 2005)

Commercial Lessor did not waive her claim for possession by accepting a rent check from lessee where lessor did not cash or deposit lessee's check, and lessor did not express or imply the voluntary relinquishment of her right to her possession of the premises. The appellate Court reversed the Trial Court’s granting the tenant’s motion to dismiss. Mr. Ring represented the landlord/appellant.

TURNER v. 1212 S. MICHIGAN PARTNERSHIP, 823 N.E.2d 1062, 355 Ill. App. 3d 885 (1st Dist. 2005)

Appellate Court reversed trial court’s granting of summary judgment whereby the landlord improperly commingled funds of the tenants and the Court ignored that evidence and the landlord failed to properly return the security deposit. Mr. Ring represented the tenant/appellant.

ALLEN v. LINN, 826 N.E.2d 1064, 356 Ill. App. 3d 405 (Dist. 2005)

Appellate Court reversed and remanded trial Court’s directed verdict against the tenant. Mr. Ring represented the tenant/ Appellant. The Appellate Court ruled that the trial court was incorrect in deciding that the Chicago Residential Landlord and Tenant Ordinance did not apply to town homes.

EQUITY RESIDENTIAL PROPS. MGMT. CO. v. NASOLO, 847 N.E. 2nd 126, 301 Ill Dec. 467, 2006 Ill App. Lexis 140, (1st Dist. 2006); 364 Ill. App. 3d 26

Appellate Court reversed eviction order entered against the Palatine residential tenant since the affidavit of posting signed by the eviction attorney failed to demonstrate that he or his client conducted any real efforts to find her and serve her with summons before resorting to “posting” notice at the Daley Center in Chicago. Mr. Ring represented the tenant.

KRAWCZYK v. LIVADITIS, 851 N.E.2d 862, 303 Ill. Dec. 675 2006 Ill App. Lexis 510 (First District, June 15, 2006) Illinois Appellate Court affirms singular penalty for RLTO security deposit violations, reverses trial court on tenant’s RLTO claim due to landlord’s non disclosure of building violations and utility turnoff and remands for additional hearing on attorney fees. Mr. Ring represented the tenant appellant.
FEDERAL COURT
BNR, PC has also has experience in Federal Court appeals including appealing the decisions of Bankruptcy Court judges to the Federal District Court Judges. One published appeal of a Federal District Court opinion of a Bankruptcy Judge includes the following decision.

LEVIT v. R.L. MILORD (IN RE HOUSTON THUNDERDOME), No. 98 C 4615, UNITED STATES DISTRICT COURT FOR THE NORTHERN DISTRICT OF ILLINOIS, EASTERN DIVISION, 2000 U.S. Dist. LEXIS 8020, June 6, 2000.

The matter concerned accelerated distributions to limited partners were constructively fraudulent in bankruptcy action because they directly impaired the rights of creditors and left remaining assets of the partnership unreasonably small.

The firm has substantial appellate Court experience in writing both appellant and appellee briefs, in numerous districts of the Illinois Appellate Court, including the First, Second and Fifth Districts and was involved as principal attorney in approximately 50 additional unpublished appeals before the Illinois Appellate and Illinois Supreme Courts.

TAYLOR v. SYKES, 2005 U.S. Dist. LEXIS 34904.
The creditor, who was faced with foreclosure, sold her home to the debtor. The debtor allegedly transferred sale proceeds of $10,886 to a third party, changed the sale price on the closing statement from $126,000 to $115,000, and executed a mortgage note to the creditor for $17,250 that was purportedly intended to pay off the creditor’s mortgage but that effectively allowed the debtor to keep those proceeds. The bankruptcy court struck a claim under the Illinois Consumer Fraud and Deceptive Business Practices Act (ICFDBPA), 815 Ill. Comp. Stat. 505/1 et seq., and found that only the $10,886 was non-dischargeable. The district court found that the bankruptcy court erred in finding that the $17,250 note was dischargeable because the creditor failed to show justifiable reliance as required under 11 U.S.C.S. § 523(a)(2)(A); the creditor could have justifiably believed that the loan proceeds would be used to pay off the mortgage. The bankruptcy court also erred in finding that the $11,000 sales price reduction was not a separate fraud. The creditor was entitled to attorney’s fees under the note, but not under the ICFDBPA, as the statutory claim had been stricken entirely.

D. NON-TRIAL CONTESTED COURT MATTERS
Among other contested areas, BNR, P.C. has practiced with the matters concluding prior to trial include, lien disputes [mechanics, foreclosure, commercial real estate broker, physician, attorney, hospital] will contests, paternity and heirship disputes, deed forgery cases, insurance coverage disputes, real estate professional ethics, personal injury, civil rights, housing discrimination, family law disputes, land trust deadlocks, anti-trust price discrimination, real estate partitions, partnership disputes, tax deed and sheriff deeds disputes, equitable disputes of deed, rescission and reformation, eviction, lease breach bankruptcy disputes, boundary disputes, and corporate and individual fraud, consumer fraud, conspiracy, eminent domain, condemnation proceedings, corporate bribery, arbitration clauses, contracts, criminal, among many other areas.

BNR, P.C. has worked with expert witnesses either as consultants, witnesses or as respondents in depositions in the following areas:

Cardiologists, Dentists, Eye Surgeons, Economists, Handwriting Experts, Jury Consultants, Real Estate Appraisers, Building Inspectors, Chiropractors, Attorneys, C.P.A’s, Real Estate Management, Restaurant Operators, Hotel consultants, business evaluators and consultants, Accountants, Product defects, Highway defects, Genetic Doctors, and others, Architects, Letters of Credit.

II. NON LITIGATION MATTERS

A. TRANSACTIONAL
BNR, P.C. has represented clients in as buyers, borrowers and sellers involving commercial and residential real estate and businesses including apartment buildings, stores, offices, vacant lots, condos, single families, town-homes, Tax deeds, sheriff deeds, foreclosures and many businesses including restaurants, fast food, bed and breakfasts, jewelry stores, professional practices, bakeries and hardware stores. BNR was previously a HUD closing agent for the private purchases of foreclosures and for transfers to Municipalities.

B. BUSINESS CONSULTATIONS
BNR P.C. is available to consult on business issues and topics in the following areas: Legal billing, legal fee audits, lease or CAM expense pass throughs, additional rent billing, business ethical issues, lawsuit prevention, real estate management issues, contract/billing /bidding, arbitration/mediation on construction issues, among various other matters.

C. EXPERT WITNESS
Mr. Ring also has appeared as an expert witness in legal malpractice cases, and has testified in Federal and State Courts.

BNR, P.C. strives to keep ahead of their competition and maintain currency with the ever changing business and legal environment. The firm’s subscriptions include Lexis/Nexis, Smartlink and Lois Law.