P. Andrew Fleming and Christopher Moore obtained a dismissal with prejudice of all claims against J. Alexander Stevens in a lawsuit filed in the Circuit Court of Cook County, Illinois.

The suit, brought by Plaintiffs Roy D. Piazza and Jo Ann Piazza alleged breach of fiduciary duty claims against Mr. Stevens arising from a purported joint venture agreement between themselves and Mr. Stevens. Alternatively, they also alleged that a fiduciary relationship existed between themselves and Mr. Stevens independent of the alleged venture.

Mr. Stevens moved to dismiss all claims against him on the grounds that no joint venture agreement existed, the Piazzas had failed to allege sufficient facts to establish the alleged joint venture, and that the Piazzas had also failed to sufficiently allege a fiduciary relationship between themselves and Mr. Stevens independent of the purported venture.

On November 13, 2006, Judge Sophia Hall, of the Circuit Court of Cook County, dismissed all claims with prejudice. Judge Hall agreed with Defendant’s counsel that Mr. Stevens owed no fiduciary duties to the Piazzas because no joint venture had been alleged, and no facts had been alleged to establish a fiduciary relationship between the Piazzas and Mr. Stevens independent of any purported venture.

Novack and Macey LLP is a litigation firm that concentrates on complex commercial cases. The firm has successfully represented clients in a wide variety of business disputes, including matters involving banking, contracts, class actions, energy, RICO, securities, real estate, partnerships and close corporations, antitrust, insurance coverage, environmental matters, business torts and employment-related issues.

For further information please contact Don Tarkington, Managing Partner at 312.419.6900.