Matthew Tanner and Darrell Graham secured Illinois’ third-highest contract jury verdict in 2017, which was affirmed by the Illinois Appellate Court in June 2018.
After representing the renewable energy company U.S. Global Corp. at trial and on appeal, the two successfully argued for a contractual success fee from another renewable energy company in a dispute arising from the development of a wind farm in Poland.
In 2005, U.S. Global entered into an agreement with Invenergy Wind LLC and later executed an addendum to the contract which stated that if construction of additional wind projects were started by December 31, 2010, U.S. Global would obtain a success fee of $7,000 per megawatt for the first 100 megawatts.
When a second wind farm project was initiated, Invenergy Wind refused to pay the success fee. U.S. Global filed suit for breach of contract.
Tanner and Graham tried the case to a jury in the Cook County Circuit Court and won $700,000 on behalf of U.S. Global for breach of contract. The court later amended the award to include prejudgment interest for a total of $915,874.
Invenergy Wind appealed, and when the Illinois Appellate Court affirmed it, the judgment with interest amounted to more than $1 million.