October 21, 2022
UPDATES: Force Partners vs. KSA & Acuity Brands
Notable developments in the Chicago lighting agent legal battle
In late 2019, Chicago lighting agent Force Partners filed a remarkable lawsuit against rivals KSA Lighting & Controls and Acuity Brands, alleging a conspiracy among the defendants that forced Chicago-area lighting and controls distributors to boycott Force Partners.
The case is being heard by the U.S. District Court for the Northern District of Illinois. After some initial, pandemic-related stops, restarts, delays and a judge reassignment, the case currently continues to plod through the discovery process. Here are some recent and notable updates:
December mediation possible
In July, Force Partners made a written settlement demand to KSA and Acuity Brands and raised the prospect of taking this case to mediation. In August, the defendants declined the settlement demand, and declined to make any settlement offer, but stated in writing that all defendants were "amenable to Force Partners’ suggestion of engaging in a mediation in lieu of restarting discovery."
According to court filings, the notion of a December 2022 mediation is being actively discussed and considered by the parties. Force and Acuity Brands are reported to be on board. KSA is reportedly seeking to add stipulation(s) before it fully commits.
Change of legal teams
The Chicago law firm, Winston & Strawn, has represented the KSA Lighting & Controls agency and personnel since the case inception in 2019. On October 13, the judge approved the motion for Winston & Strawn to withdraw, as KSA has hired a new defense team from Lewis Brisbois Bisgaard & Smith.
Comments from KSA Lighting & Controls
We asked all parties for comment earlier in the week. The only case-specific comments we received were from Jim Williams, President of KSA Lighting & Controls; “KSA continues to maintain that the claims asserted against it, Acuity, Ashley and myself in this lawsuit are meritless. Force Partners' apparent lack of success in the Chicago market reflects its own shortcomings, and not the fault of others. While mediation may be fruitful, we are fully prepared to aggressively litigate this lawsuit through trial to vindicate our position.”
