Madison - St. Clair Record

Saturday, August 24, 2019

Korein Tillery dismisses suit against Advanced Analytical, economists

By Heather Isringhausen Gvillo | Dec 13, 2017

Korein Tillery dismissed with prejudice Advanced Analytical and two economists in a breach of contract suit involving a minor league baseball class action.

On Nov. 17, Korein Tillery filed a stipulation for dismissal with prejudice, dismissing all claims against Advanced Analytical Consulting Group, Daniel S. Levy and Audrius Girnius.

St. Clair County Circuit Judge Vincent Lopinot granted dismissal with prejudice on Nov. 20, with each party bearing their own costs.

In its complaint, Korein Tillery argues that the defendants were hired to estimate the work hours of minor league baseball players and calculate their wage and hour damages by observing players entering and leaving their ballparks. The data was intended to be used in a class action wage dispute involving minor league baseball players.

However, the plaintiff alleges that five weeks before the expert disclosure deadline, and after costing nearly $500,000, the defendants admitted that they were unable to determine between baseball players and other employees entering the ballparks.

The defendants filed a motion to dismiss the complaint on Oct. 11 through attorney W. Jason Rankin of HeplerBroom in Edwardsville, arguing that the parties agreed to a binding enforceable forum selection clause within the contract. The agreement states that any action arising under the contract must be brought in a federal court or any Massachusetts court.

After the case was originally filed in St. Clair County Circuit Court in March, it was removed to federal court on May 4 and then remanded to circuit court on Sept. 12.

Korein Tillery filed a response to the defendants’ motion to dismiss on Oct. 23, through attorney Robert Sprague of Sprague and Urban in Belleville.

“After one failed attempt to avoid this Court’s jurisdiction by improperly removing the case to federal court, now they want it transferred or dismissed based on their claim they had no idea they were dealing with an Illinois law firm and the untimely assertion of a boilerplate forum selection clause that was obtained by their fraud,” the response stated.

Recognizing the forum clause, Korein Tillery argued that the objections to venue were raised too late and the contract was “induced by Defendants’ fraud.”

“Having held themselves out as experts in this field, Defendants knew or should have known that they could not perform as promised. This is a classic case of fraud in the inducement,” the response stated.

“Accordingly, the contract is voidable and Defendants cannot enforce any part of it, including the forum selection clause,” it added.

St. Clair County Circuit Court case number 17-L-98

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Korein Tillery St. Clair County Circuit Court