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Date Posted: Oct 15, 2017

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Novack & Macey, P.C. > Firm Details


303 West Madison Street, Suite 1500
Chicago, Illinois - 60606-3309



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Staff Size : 23
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Partner Steve Siegel and associate Ken Abell prevailed recently in obtaining a dismissal with prejudice of a two-count consumer fraud complaint against our client, American Honda Motor Co., Inc. The action alleged fraud by a dealer in Plaintiff’s purchase of a new Honda vehicle. American Honda was sued as well, on the theory that the dealership was serving as American Honda’s agent in the sales transaction. American Honda moved to dismiss on the grounds that the fraud claims were facially defective and the agency theory was baseless in light of the sales contracts Plaintiff signed, which made clear that the dealer was not American Honda’s agent. The court agreed, struck the two counts against American Honda and warned Plaintiff’s counsel that if they re-filed their claims against American Honda, they did so at their own peril.

Plaintiff was granted time to amend her Complaint, but she allowed that time to lapse without filing an amendment. Soon thereafter, she filed a motion to non-suit her case. If granted, the motion would have allowed Plaintiff to re-file her claims against American Honda in another court. American Honda objected that Plaintiff had lost any right to voluntarily dismiss her claims against American Honda because she did not seek to do so within the time allotted by the court for amendment. The court agreed and this time dismissed Plaintiff’s claims against American Honda with prejudice. This second ruling denied Plaintiff the opportunity to reinstate her claims against American Honda at a later date in another court and completed American Honda’s defeat of Plaintiff’s claims as a matter of law.

Novack and Macey LLP obtained a complete victory on behalf of its client, Constellation NewEnergy (CNE), in an arbitration brought by one of CNE’s former customers. Constellation NewEnergy operates in competitive retail power markets and is a leading supplier of electricity to businesses and government agencies.

The claimant in arbitration was a former customer of Constellation NewEnergy which alleged that CNE had miscalculated certain charges over a four-and-one-half year period, resulting in a substantial claimed overcharge. After a two-day evidentiary hearing held in May 2007, the arbitrator soundly rejected the claim in an Award entered on June 25, 2007. The Award termed the evidence Novack and Macey presented on CNE’s behalf “overwhelming,” and held that CNE’s charges were proper and consistent with the parties’ contract and intent. In addition to denying the former customer’s claim “in its entirety,” the arbitrator also ordered the former customer to reimburse CNE for various of its arbitration expenses.

Constellation NewEnergy was represented by Novack and Macey partner, Stephen J. Siegel, and associate, Richard G. Douglass, with the assistance of associate Melissa B. Pryor. Over the past decade, Novack and Macey has successfully represented a host of energy companies in their commercial disputes, including CNE’s corporate parent, Constellation Energy Group, a Fortune 200 energy company based in Baltimore, Maryland.

Primary Practice Areas

General Trial and Appellate Practice in State and Federal Courts and in Arbitration, including Civil Appeals, Bankruptcy Litigation, Banks and Banking, Business Torts, Class Actions, Complex Commercial Litigation, Commercial Real Estate, Creditors' Rights, Energy, Environmental Litigation, Financial Institutions Litigation, Fraud and Deceit, including Art Fraud, Insurance Litigation, Lender Liability, Partnership Law, Professional Liability, Securities Litigation, Trademark Litigation, Trust Litigation, Unfair Competition, High Technology, Individuals, Manufacturing, Pharmaceutical, Retail, Transportation, Asbestos, Closely-held Businesses, Probate Disputes.

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