Attorney Kevin E. Posen Wins Appeal On Behalf Of Large Publisher and Monetary Sanctions Against Attorney Who Brought What Teller Argued Was A Frivolous Appeal

Partner, Kevin E. Posen represented a large publisher of advertisements on its claim against a medical clinic and its principal doctor for advertising charges due for ads published in various phone directories. The individual co-obligor attempted to stay the prosecution of the case by claiming the debt was discharged by a recent discharge order she obtained in a Chapter 7 bankruptcy proceeding initiated years before the debtor even contracted with the publisher. The trial court denied the debtors motion. The debtor appealed and lost at the appellate court level.

Teller was then successful in having judgment entered against both the business and the individual doctor as co-obligors for $74,088.00. The debtors then filed a Motion for a Supervisory Order directly with the Illinois State Supreme Court which was denied. The debtors once again appealed raising the same arguments as before and the appellate court dismissed the appeal. The court also awarded sanctions totaling $38,005.53 against not only the two judgment debtors, but also their attorney for bring a frivolous appeal.

For a copy of the entire opinion, click here.