John D. Fitzpatrick

EDUCATION:
J.D., University of Texas at Austin - 2002
B.A., Michigan State University, with honors - 1996

EXPERIENCE:

Mr. Fitzpatrick is an Associate at Mandell Menkes. He represents institutional and individual clients in diverse areas of litigation and was admitted to the State of Illinois bar in 2002. After trying complex commercial cases in state and federal courts, Mr. Fitzpatrick was admitted to the Federal Trial Bar for the United States District Court for the Northern District of Illinois in 2006. He consistently obtains favorable outcomes for clients involved in litigation as the following results exemplify:

• Represented the Chief Executive Officer of a limited liability company during a 2009 evidentiary hearing which led the court to enter a preliminary injunction preventing the client's adversaries from completing a corporate "squeeze out" merger.
• Acted as "second chair" during a 2008 trial in which the jury found the client, a publicly traded corporation, not guilty of breaching a seperation agreement with a former corporate executive by imparting "inside" information to the executive.
• Serving as co-counsel in the defense of a corporate executive accused of breaching fiduciary duties owed to shareholders of the corporation he founded. The jury found the client "not guilty" after more than two weeks of testimony, absolving him of any liability in a case where the plaintiff demanded $3.5 million just prior to verdict.
• Acting as the primary trial attorney for a lending institution defending a breach of contract claim brought by its former in-house attorney and succeeding in having no damages awarded for the "largest single component" of the claim. The judgment entered by Judge Matthew Kennelly is retrievable at Nevel v. Ocwen Federal Bank FSB, 2005 WL 106484 (N.D. Ill. 2005).
• Prevailing on a motion to bar the testimony of an opposing party's designated damages expert in a case where the estimated damages exceeded $40 million. The order entered by Judge Jeffrey Cole granting the motion is published at Loeffel Steel Products Inc. v. Delta Brands, Inc., 387 F. Supp.2d 794 (N.D. Ill. 2005).
• Defeating opposing motions filed in the same case to bar the testimony of the client's designated liability expert and have summary judgment entered. Those respective rulings are also retrievable at Loeffel Steel Products Inc., 372 F. Supp 2d 1104 and 2004 WL 532717 (N.D.Ill. 2004).

While attending law school at the University of Texas at Austin, Mr. Fitzpatrick participated in the Wilson Mock Trial Tournament and remained active in the community, volunteering with Habitat for Humanity and tutoring elementary school children. He also authored an article published by the State of Texas bar entitled "A Review of Recent Texas Whistleblower Litigation." Mr. Fitzpatrick is admitted to practice in Illinois state and federal courts and is a member of the Chicago, Illinois, and American bar associations.