Mary A. Tujetsch v. First Dental, P.C., et al.; Case No. 2006-CH-11607

We defended First Dental, P.C., a top-rated provider of dental care in Illinois and Florida, in an action brought by the purchaser of a dental practice sold by First Dental in June 2004.  Represented by Williams Montgomery & John, the purchaser demanded a jury trial and sought damages of at least $300,000 based on the notion that First Dental had overstated the number of “active patients” of the practice, in the following contract recital:

"Seller has represented that the Dental Practice has approx. 1200 active patients, who have been treated within the previous twenty four months according to First Pacific Corporation Software."

Our firm entered an appearance for defendants as substitute counsel in September 2009, after the case had been pending for over three years, and after attempts at mediation had failed. After additional, targeted discovery, we filed two motions for summary judgment, asking the Court to find, among other things, that “active patient” is a term of art with an accepted meaning among dental professionals, and that there was no exaggeration of the number of “active patients” -- properly understood -- treated in the practice during the 24 months leading up to the sale.

The Court granted our motions by means of an Order entered on June 10, 2011.