13-Aug-15 – A threat by the attorney of a condominium association, perceived by a news website – this one, to be precise – as vague and without merit, will not be investigated further by the Supreme Court of Illinois.

Loop North News filed a complaint on June 10 with the court’s Attorney Registration and Disciplinary Commission after receiving a letter from Kerry Bartell on June 1.

In the letter, Bartell (left) accused this website of publishing “false and defamatory” information about “a lawsuit involving a company that you allege is owned by one of the current board members.”

Despite numerous requests, Bartell, a principal with the law firm of Kovitz Shifrin Nesbit, would not provide any further details such as what exactly was disputed so that it could be corrected or defended. The claim, we believe, was non-meritorious and a violation of rules of conduct for attorneys in Illinois.

After a two-month inquiry, the ARDC decided it would be “unable to prove by clear and convincing evidence” that the attorney engaged in professional misconduct.

The claim is most likely about coverage of a federal lawsuit against Restaurant.com, a Chicago company that – at least as recently as 2013 – was co-owned by Ellen Chessick, the current president of Marina Towers Condominium Association. Evidence that Chessick co-owned the company comes from multiple sources but mainly from Chessick herself, who when running for re-election to the condo board two years ago, described herself and her husband as “among the founders of Restaurant.com and now…controlling owners.”

Chessick (right) was also at that time Vice President of Strategic Growth for the company.

While refusing to provide any further information to Loop North News, MTCA has told other news outlets that Chessick is not currently a co-owner of Restaurant.com. The condo association will not confirm this to Loop North News directly or provide any information about when Chessick’s ownership was sold or otherwise transferred.

Coverage followed arduous journey of class action lawsuit

15 stories were published from July 19, 2013, to May 2, 2015, shortly after Restaurant.com lost an appeal of the ruling against it. The class action lawsuit was over gift certificates the company sold online with fine print in violation of New Jersey law. Over three years, the case was argued in United States District Court, United States Court of Appeals, and before the New Jersey Supreme Court. One of the appellate judges said of the case, “its impact will be truly far-reaching.”

Other news outlets covered the lawsuit and the case was one of four federal lawsuits – with parties based in Chicago – covered by Loop North News since 2013.

MTCA felt, however, that coverage of the Restaurant.com lawsuit was motivated by frustration over the condo association not commenting for news stories and that the stories are “attempts to undermine the authority of the board.”

In her response to the ARDC complaint, Bartell denied her letter was an attempt to intimidate and again accused Loop North News of publishing inaccurate and incomplete information, while again declining to provide any examples.

Besides the ARDC, the condo board, most likely Chessick herself, took her complaint to this reporter’s landlord, Michael Michalak, on July 6. Neither Michalak nor MTCA will reveal what was discussed, and MTCA denies it interfered, but four days later, Michalak served on this reporter a 60-day notice that the lease of his apartment at Marina City, which had been renewed every year since 2010, would this year not be renewed.