Lynn D. Moffa

Of Counsel ( Chicago )

Direct 312.471.8689 Fax 312.471.8701 LinkedIn

Bio

Creativity is very much part of the practice of law, and there is an art to persuasion. Lynn Moffa relies on her inner artist to design and create masterful briefs. She is an acclaimed brief writer, an experienced and insightful litigator, and an effective communicator, whose winning track record is the product of knowing and understanding her audience—whether judge, jury, opposing counsel, or client—and putting into practice her Aristotelian philosophy that the art of persuasion requires logos, pathos, and ethos:  a logical argument, a credible speaker, and an appropriately framed emotional appeal. 

Lynn has extensive knowledge of federal practice and procedure, with experience in a wide range of areas, including commercial litigation, insurance defense, patent, trademark, and unfair trade practices, lender liability, breach of contract, antitrust, class action, product liability, accountant malpractice, employment, Section 1983/constitutional law, white collar criminal investigations, and construction law. She has successfully litigated in these and other areas in both state and federal courts, at the trial and appellate levels.

Lynn served as an Assistant U.S. Attorney in the Civil Division of the Northern District of Georgia where she defended the federal government in a vast array of cases, including employment, constitutional law, federal torts, IRS subpoena enforcement, tax protest and tax lien, and habeas corpus. She also has practiced in the litigation and appellate groups of two Am Law 100 international firms in Atlanta, GA and Chicago, IL.

In her free time, Lynn enjoys restoring her 1920’s fixer-upper home. She also enjoys spending time with her children, all three of whom are artists in the more traditional sense (a visual artist, an actor/playwriter, and a dancer). She has lived internationally in the past (Philippines, Singapore) and would someday (when she has more time) like to travel the world.

Experience

Clerkships

Hon. Thomas M. Durkin, U.S. District Court for the Northern District of Illinois
Hon. Kenneth F. Ripple, U.S. Court of Appeals for the Seventh Circuit

Representative Engagements

  • Successfully represented bank in a deficiency suit where the debtor argued that the debt had been cancelled by the predecessor bank. The district court entered summary judgment in the client’s favour and the Fourth Circuit upheld the summary judgment ruling in a 2-1 published opinion establishing new law favourable to the client. F.D.I.C. v. Cashion, No. 1:11CV72, 2012 WL 1098619 (W.D.N.C. Apr. 2, 2012), aff’d, 720 F.3d 169 (4th Cir. 2013).
  • Successfully represented Indian tribe in a class action lawsuit brought after the 2006 stock market crash to recover investment losses sustained by accounts held by the tribal council on behalf of enrolled minors of the tribe. The tribal court entered summary judgment in the client’s favour based on sovereign immunity, and the tribal supreme court affirmed that ruling on appeal. Teesateskie v. E. Band of Cherokee Indians Minors Fund, No. 12-CV-059, 2015 WL 10575896 (EBCI S. Ct. Oct. 12, 2015).
  • Successfully represented bank in lender liability suit brought by commercial borrowers after the 2008 recession led to the failure of the borrower’s real estate development. The district court entered summary judgment in favour of the bank in an opinion that relied heavily on the defendant’s written briefs, and the Fourth Circuit affirmed “for the reasons stated by the district court in its thorough memorandum opinion.” Diamond Falls Estates, LLC v. Nantahala Bank & Tr. Co., No. 2:14-CV-00007, 2015 WL 5233010, at *1 (W.D.N.C. Sept. 8, 2015), aff’d, 684 Fed. App’x 316 (4th Cir. 2017).
  • Successfully opposed summary judgment in patent case. Oil-Dri Corp. v. Nestle Purina Petcare Co., No. 15 C 1067, 2019 WL 861394 (N.D. Ill. Feb. 22, 2019).
  • Successfully took over representation of prospective adoptive parents in appeal of trial court ruling that had ordered custody of two-year old child to be transferred from adoptive parents to previously absent birth father, notwithstanding objections of birth mother and custodial adoptive parents.
  • Primary draftsman on numerous other trial and appellate briefs, including:Cruz v. Dart, 2019 IL App (1st) 170915, 127 N.E.3d 921; Lopez v. Dart, 2018 IL App (1st) 170733, 118 N.E.3d 580; Macon Bank, Inc. v. Cornblum, 239 N.C. App. 251, 769 S.E.2d 846 (2015); Macon Bank, Inc. v. Gleaner, 240 N.C. App. 46, 770 S.E.2d 114 (2015); United Cmty. Bank (Georgia) v. Wolfe, 242 N.C. App. 245, 775 S.E.2d 677 (2015), rev’d, 369 N.C. 555, 799 S.E.2d 269 (2017); Great Oak NC Lender, LLC v. Cornblum, No. 2:12-CV-34-MR, 2014 WL 4311039 (W.D.N.C. Aug. 29, 2014); Synovus Bank v. Bokke IV L.L.C., No. 1:11-CV-00071, 2014 WL 440244 (W.D.N.C. Feb. 4, 2014); Synovus Bank v. Bokke IV L.L.C., No. 1:11-CV-00071, 2014 WL 931017 (W.D.N.C. Mar. 10, 2014); Synovus Bank v. Karp, No. 1:10CV172, 2014 WL 221209 (W.D.N.C. Jan. 21, 2014); Mountain 1st Bank & Tr. v. Galdena, LLC, 228 N.C. App. 360, 748 S.E.2d 775 (2013); In re Beauchemin, 224 N.C. App. 397 (2012); Hodgin v. United Cmty. Bank, 223 N.C. App. 408, 734 S.E.2d 630 (2012); In re Cornblum, 220 N.C. App. 100, 727 S.E.2d 338 (2012); Salomone v. United States, No. CIVA 108-CV-1574, 2009 WL 2957279 (N.D. Ga. Sept. 15, 2009); Ofodile v. Holder, No. 1:08-CV-2362, 2009 WL 10664462 (N.D. Ga. July 1, 2009); Reynolds v. Geren, No. 1:08-CV-3559, 2009 WL 10664917 (N.D. Ga. Apr. 1, 2009); Mancha v. Immigration & Customs Enf’t, No. 1:06-CV-2650, 2009 WL 10701798 (N.D. Ga. Apr. 6, 2009); Seneca v. United S. And E. Tribes, 318 Fed. App’x 741 (11th Cir. 2008); Seneca v. Leavitt, No. 1:08-CV-0814, 2008 WL 11417286 (N.D. Ga. Nov. 17, 2008), report and recommendation adopted, 2009 WL 10702048 (Feb. 11, 2009).

Credentials

Education

University of Virginia, J.D., 1987
Articles Review Board, Virginia Law Review
Dillard Fellow (Legal Writing Teaching Assistant)
American Jurisprudence Awards – Contracts and Constitutional Law
First Place, Fourth Annual National Labor Law Writing Competition

University of Notre Dame, B.A., Government, 1984, summa cum laude, Phi Beta Kappa

Bar Admissions

Illinois
Georgia
North Carolina
U.S. Court of Appeals for the Fourth Circuit
U.S. Court of Appeals for the Seventh Circuit
U.S. Court of Appeals for the Eleventh Circuit
U.S. District Court for the Northern District of Georgia
U.S. District Court for the Northern District of Illinois
U.S. District Court for the Northern District of Indiana
U.S. District Court for the Western District of North Carolina
Cherokee Tribal Courts