Plaintiff presented the testimony of Todd Musburger, Brian Musburger, and Zemira Jones (former president and general manager of WLS). See All parties in the instant case were fully aware of the identities of the actual litigants, an actual plaintiff existed, and defendant was aware of the actual plaintiff because he made certain demands upon it, and the defendant suffered no prejudice. 0000040479 00000 n Further, the trial court correctly found that the Act (225 ILCS 515/0.01 We next consider defendant's argument that the trial court erred by barring defendant's retained Illinois Supreme Court Rule 213(f)(3) (210 Ill. 2d R. 213(f)(3)) controlled expert witness, Walter Maksym, from offering certain proposed opinions. >> A The jury heard all of the evidence and made its own determination as to what was a fair, customary, and reasonable fee.Based upon the foregoing, we cannot say that the jury's verdict was against the manifest weight of the evidence. We agree.Misnomer is a mistake in name or the provision of an incorrect name to the person in accusation or pleading. Defendant's claim that plaintiff's failure to comply with the licensing requirements of the Act bars it action to seek recovery The purpose of the Act is clear when all of the sections of the Act are read together in context. � McGuire Woods LLP, Chicago, IL (Keith Dorman, Carlin R. Metzger, Susan Groh, of Counsel), for Appellee.Presiding Justice ROBERT E. GORDON delivered the opinion of the court:A jury returned a verdict in favor of plaintiff Todd W. Musburger, Ltd., a law firm, against defendant Garry Meier, awarding $68,750 in damages on count II of plaintiff's verified complaint for services rendered under a theory of According to the complaint in the case at bar, plaintiff "is an entertainment law firm that focuses on negotiating and drafting personal services contracts for broadcasters, writers, performers and directors, as well as negotiating and drafting contracts for entertainment projects in development." 0000042550 00000 n 0000040697 00000 n However, defendant does not cite to and our review of the record does not reveal a section 2-619 motion to dismiss. � �

� * � . "`[O]n a motion for a new trial a [trial] court will weigh the evidence and set aside the verdict and order a new trial At trial, the testimony of Todd Musburger, Brian Musburger, Zemira Jones, defendant, and defendant's wife, Cynthia Fircak, all highlighted the nature and the difficulty of the negotiations undertaken on behalf of defendant, the stakes of the negotiations, the degree of responsibility involved, and the time and labor required. We address each of defendant's arguments, but not in the order they are presented.Defendant argues that the trial court erred by denying his section 2-619 motion to dismiss count II of plaintiff's complaint, by denying him leave to file a fifth affirmative defense related to the Act (225 ILCS 515/0.01 et seq.

endobj

endobj 0000024466 00000 n 0000042659 00000 n endobj "And while he keeps his friends close, his enemies are, pardon the cliche, perhaps even kept closer. Defendant presented the testimony of his wife, Cynthia Fircak, and Walter Maksym, an Illinois attorney retained to offer expert opinion testimony regarding the On direct examination, Todd Musburger testified that he graduated from the DePaul University College of Law in 1973, and in 1980 founded plaintiff law firm. As a result, this court cannot determine the manner by which the jury reached its verdict. He characterized plaintiff law firm as an "entertainment law practice." 5) into evidence which consisted of a compilation of records assembled after plaintiff's termination in September 2003 showing the work performed in 2002 and 2003.

“Musburger, you are banned from the Berto Center,” Musburger recalls Krause saying.

Krause wanted to get rid of the star players and build a new team. � � He is apt to study every nuance of executives and companies he deals with. We cannot say that the trial court's We now address whether defendant is entitled to a new trial based on his argument that the jury's verdict was against the manifest weight of the evidence.

0000042768 00000 n Defendant sought to assert that plaintiff was barred from recovering any fee for work performed between September 2002 and September 2003 because it was not licensed as a private employment agency under the Illinois Private Employment Agency Act (225 ILCS 515/0.01 Several witnesses testified at trial before a jury. During the time period at issue, Todd Musburger's time was billed at $475 per hour, and Brian Musburger's time was billed at a rate of $300 per hour.Defendant received numerous offers from WLS while plaintiff represented him in contract negotiations. He testified that Todd Musburger became increasingly difficult to reach. The Act is intended to apply to recruiting and placement agencies. Maksym was disclosed as defendant's Supreme Court Rule 213(f)(3) (210 Ill. 2d R. 213(f)(3)) controlled expert witness prior to trial, and his proposed opinions were disclosed in a 16-page disclosure.

The new written agreement proposal was designed to supersede the parties' 1998 written agreement. /ID [<28bf4e5e4e758a4164004e56fffa0108><28bf4e5e4e758a4164004e56fffa0108>] 0000007885 00000 n 0000042877 00000 n /Info 135 0 R He entered into a written fee agreement with plaintiff law firm whereby plaintiff law firm would be paid 5% of the gross amount of the contract negotiated by plaintiff on his behalf. His clients include Phil Jackson, president of the New York Knicks. Brian develops presentations, prepares industry analyses, keeps abreast of the media industry, and assists with negotiations between clients and their media employers, and has been employed with plaintiff law firm since 1998. “Musburger, you are banned from the Berto Center,” Musburger recalls Krause saying. 0000042114 00000 n Brian also testified concerning the compilation of records assembled after plaintiff's termination in September 2003 for the purposes of billing defendant for work performed. There's a reason for that. Brian assists in negotiations and analyzes financial figures for radio and television ratings. 0000043204 00000 n %%EOF

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