An Experienced Illinois Chancery Court Attorney

Legal disputes are sometimes brought in chancery court (sometimes also known as equity court) rather than traditional law courts. These two arenas are distinguished by different legal processes and the fact that in a chancery court, disputing parties generally have no right to a trial by jury.

This is a highly nuanced area of law that few attorneys have handled in-depth. Norman J. Lerum, P.C., is one of the few Chicago-area law firms known for exceptional service and a high caliber of representation in this specific area of law.

Seeking Specific Performance Or An Injunction

In chancery court, litigants are seeking action, not monetary damages. Oftentimes, litigants will ask for specific performance of a contract or an injunction to stop a party’s actions. Chancery litigation can arise from:

• Written employment contracts
• Covenants not to compete
• Breach of fiduciary duties by corporate officers
• Condominium association directors
• Breach of commercial contracts

For example, Mr. Lerum was the lead trial counsel in a 10-day trial in the United States District Court for the Northern District of Illinois on behalf of the Northern Illinois Police Crime Laboratory that successfully compelled the defendant, NEC, to specifically perform on its contract obligations to make an automated fingerprint identification system (AFIS) perform up to contract expectations. The AFIS system has since assisted in the solving of many crimes.

Intellectual Property And Trade Secrets

Chancery matters can also relate to disputes over intellectual property, trade secrets, trading algorithms, computer software and fraudulent transfers. See, for example, Mr. Lerum’s handling of the defense in Lake Treasure Holdings, Ltd., et al. v. Foundry Hill GP LLC, et al., Court of Chancery of the State of Delaware, Case No. 6546-VCL. Also, see Sutherland v. Sutherland, Court of Chancery, State of Delaware, Case No. 2399-VCN; Supreme Court State of Delaware, Case No. 151, 2016. In Rosalyn M. Aranas, M.D. v. Suburban Neurologists, N.C., 2013 CH 24183, Circuit Court of Cook County, Mr. Lerum successfully defended the employer medical group against a claim of over $1.0 million after a seven-day trial in the Chancery division of the Circuit Court of Cook County. Mr. Lerum has handled many contract and/or employment disputes arising from group medical practices.

Mr. Lerum also served as co-counsel for Western Union in Western Union Company v. Tom Kula and Paymentus Group, United States District Court for the Northern District of Illinois, Case No. 17-cv-00280, in which a permanent injunction was obtained enforcing confidentiality of trade secrets and covenant not to compete agreements, with an award of attorney fees.

Answering Your Frequently Asked Questions About Chancery Court

As a highly nuanced area of law, chancery court proceedings can be confusing. Here, Mr. Lerum answers some of the most common questions that he has been asked about chancery court in his years of practice. If you have questions about your specific case, he is available for consultation appointments.

What is the chancery court in Illinois, and how does it differ from traditional law courts?

Chancery courts handle different types of cases than traditional law courts. They also provide for different types of remedies. Traditional law courts typically deal with cases involving monetary damages such as personal injury or breach of contract claims.

Chancery courts, however, address issues that require equitable solutions, including injunctions, specific performance or declaratory judgments. Chancery courts decide cases based on principles of fairness rather than strict legal rules. While law courts use juries to decide facts, a judge typically decides cases in a chancery court. If you believe you need a remedy other than money, such as an order compelling someone to act or stop acting, then a chancery court may be the appropriate venue.

Can I have a jury trial in chancery court?

In Illinois chancery court, the right to a jury trial is limited. Because chancery courts resolve disputes based on fairness, a judge typically makes the final decision. In cases involving both legal and equitable issues, a judge will resolve the equitable issues, while a jury may decide the issues related to the monetary damages.

What are declaratory judgments, and how are they pursued in chancery court?

Declaratory judgments ask the court to determine the rights and obligations of parties in a dispute. This type of judgment is particularly useful when uncertainty exists about the interpretation of a contract or a law. For example, if you and another party disagree about the terms of a lease agreement, you can seek a declaratory judgment from the chancery court to clarify your respective rights and responsibilities.

To pursue a declaratory judgment, you must file a complaint with the court, outlining the dispute and asking the judge to declare the rights of the parties. If the court grants the request, the declaratory judgment definitively states each party’s rights, potentially preventing future disputes.

What should I do if I believe I have a case that belongs in a chancery court?

If you believe your case belongs in a chancery court, the first step is to seek legal advice. An attorney who has experience in chancery court can assess the details of your situation to determine the best course of action.

It is important to gather all relevant documents and information related to your dispute, including contracts, communications and any other evidence. An attorney can help you understand the legal issues involved, advise you on the strength of your case and file a complaint in chancery court. Because chancery court cases often involve complex legal and factual issues, it is important to have experienced legal representation to protect your interests.

Personal Service To Address Your Legal Concerns

As a seasoned trial lawyer, Mr. Lerum has spent nearly as much time in chancery court as in traditional court, helping his clients pursue favorable outcomes through more targeted means.

We have developed flexibility in the courtroom, effectively presenting our case with confidence and persuasiveness.

Contact A Chicago Chancery Court Lawyer

Learn more about your options for pursuing declaratory judgments, specific performance injunctions and other remedies in chancery court.

Contact Norman J. Lerum, P.C., online or by telephone at 312-487-2154 to discuss your case.