Page 2 - Jan Feb March 2019

Welcoming Melanie Pennycuff

Sharp-Hundley, P.C. is pleased to announce that Melanie Pennycuff,
formerly an attorney with Kreisler Law, P.C., in Chicago, has joined the
firm as senior associate.
A Shelbyville, IN, native, Pennycuff graduated magna cum laude
from Franklin (IN) College in 1996. She then studied law at Indiana
University McKinney School of Law, where she served on the board of
editors for the law review before graduating cum laude in 1999.
Following graduation, she practiced in insurance defense and
coverage matters for law firms in Munster, IN, and Chicago before
moving to Kreisler Law, P.C., in Chicago, where she focused on
bankruptcy and civil litigation.
At Sharp-Hundley, Pennycuff will concentrate her practice in civil
litigation, creditors’ rights, real estate and related matters. She may be
reached at 618-242-0200, Melanie@sharp-hundley.com.

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bility of the management of the case, (6) the time and labor required, (7) the usual and customary
charges for similar work in the community, and (8) the benefits resulting to the client.
Because the trial court in Crystal Lake considered only the eighth factor, the panel reversed and
remanded.

Reaching a somewhat similar result, but by a different route and in a different context, was
Thomas v. Weatherguard Constr. Co., 2018 IL App (1st) 171238. In Thomas, the trial court awarded
$179,574.65 in fees and costs in a case where plaintiff recovered only $9,226.52 in damages.
Defendant attacked the judgment’s lack of proportionality on appeal of the 10-year-old case. The
panel dealt with a fee-shifting statute (§ 14(a) of the Wage Payment and Collection Act, 820 ILCS
115/14(a)), which provides that “all reasonable attorney’s fees” in the action should be awarded to the
prevailing party. The panel cited such language in distinguishing cases where the statutory language
was less expansive.
Defendant argued that the disparity between the damage award and the fee award established
“an abuse of discretion” by the trial court. The panel rejected that argument, noting the defendant’s
litigation strategy was significantly at fault. “The connection between the years of attorney time
expended and the amount at issue was deemed reasonable by defendant, who cannot be heard to
complain now,” it said.
Noting a trial court was to consider “a number of factors” in making a fee award, the panel held
that the trial court had not abused its discretion and affirmed the award.

- John T. Hundley
Brenda\SharpThinking\#163.pdf
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SHARP-HUNDLEY, P.C.

1115 Harrison, Mt. Vernon, IL 62864 • Telephone 618-242-0200 • Facsimile 618-242-1170
www.sharp-hundley.com

Business Transactions • Litigation • Financial Law • Real Estate • Corporate Law • Commercial Disputes • Creditors’
Rights • Arbitration & Mediation • Estate Planning • Probate

John T. Hundley: John@sharp-hundley.com; Stephen G. Sawyer: Steve@sharp-hundley.com;
Melanie Pennycuff: Melanie@sharp-hundley.com; Trevor S. Sawyer: Trevor@sharp-hundley.com

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