Lincoln Manufacturing Co.,
Inc. v. Burton Stern
U.S. District Court for the Northern District of Illinois
Case No. 80 C 1771; Hon. George Leighton, presiding
Preliminary rulings reported at 515 F.Supp. 21 (N.D. Ill.
1981)
Jury trial, October 9 - October 10, 1984
(Obtained verdict of $475,160.98 for the plaintiff
corporation against its former accountant based upon
violations of E.R.I.S.A., fraud and accounting malpractice)
Lake Point Tower, Ltd. v. Continental Illinois
National Bank
U.S. District Court for the Northern District of Illinois
Case No. 84 C 7917; Hon. John F. Grady, presiding
Bench trial, March 18 - March 21, 1985
(Defended borrower against effort of bank to foreclose
upon real property. Was the senior associate on a four-person
trial team.)
Raymond Salazar v. Jewel Companies, Inc.
Circuit Court for 12th Judicial Circuit, Will County,
Illinois
Case No. 85 L 257; Hon. Edwin Grabiec, presiding
Jury trial, October 6 - October 8, 1986
(Defended first of several hundred salmonella food
poisoning personal injury actions tried to a jury, under
admitted liability, to a verdict of $5,100)
In Re Salmonella Litigation
Circuit Court of Cook County, Illinois
Case No. 85 L 000000; Hon. John M. Breen, Jr., presiding
Jury trial, November 3, 1986 - January 16, 1987
(Defended Jewel Food Stores in 17,000-member class
action trial seeking punitive damages of $100 million
for victims of salmonella contamination, to a verdict
of not guilty. Was senior associate on an eight-person
trial team)
Tu Hou Lam v. Lynch Corporation
Circuit Court of Cook County, Illinois
Case No. 81 L 19385; Hon. John J. Crown, presiding
Appeal reported at 178 Ill.App.3d 229, 533 N.E.2d 37
(1st Dist. 1988)
Jury trial, February 10 - February 19, 1987
(Not guilty verdict in personal injury/product liability
action against manufacturer of wrapping machine. Was
overturned on appeal, and new trial granted)
Pennsylvania Truck Lines v. Solar Equity
Corporation
U.S. District Court for the Northern District of Illinois
Case No. 83 C 7174; Hon. Brian B. Duff, presiding
Preliminary rulings reported at 127 F.R.D. 127 (N.D.
Ill. 1988)
Appeal reported at 882 F.2d 221 (7th Cir. 1989)
Jury trial, February 25 - March 6, 1987
(Obtained directed verdict against plaintiff's claims
of $1.8 million for storage of leased trailers, and
jury verdict on counterclaim for $40,555.75, costs and
attorneys' fees under leases; affirmed on appeal)
Ilapak Research & Development, S.A.
v. Record SpA.
U.S. District Court for the Northern District of Illinois
Case No. 90 C 6594; Hon. Brian B. Duff, presiding
Reported at 762 F.Supp. 1318, 19 U.S.P.Q.2d 1617 (N.D.
Ill. 1991)
Bench trial, January 15 - January 16, 1991
(Obtained temporary restraining order, but was denied
preliminary injunction, enforcing trade name on wrapping
machines under Lanham Act)
Burditt, Bowles & Radzius v. Regis Associates,
Ltd.
U.S. District Court for the Northern District of Illinois
Case No. 89 C 5834; Hon. Suzanne B. Conlon, presiding
Appeal reported at 958 F.2d 374 (7th Cir. 1992)
Bench trial, December 14, 1990
(Obtained $100,000 award upholding settlement agreement
in a fee dispute)
Grove Fresh Distributors, Inc. v. New England
Apple Products Co., Inc.
U.S. District Court for the Northern District of Illinois
Case No. 89 C 1115; Hon. William T. Hart, presiding
Preliminary rulings reported at 1991 U.S. Dist. LEXIS
258 (N.D. Ill. 1991)
Post-trial motions reported at 1991 U.S. Dist. LEXIS
111912 (N.D. Ill. 1991)
Appeal reported at 969 F.2d 552 (7th Cir. 1992)
Jury trial, May 6 - May 23, 1991
(Defended manufacturer of orange juice against claims
of unfair competition, mislabeling, and product adulteration.
Jury, asked to award $2.3 million in lost profits, awarded
just $100,000; affirmed on appeal)
Land Clearance for Redevelopment Authority
of Kansas City, Missouri v. International Surplus Lines
Insurance Company
Circuit Court of Jefferson County, Missouri
Case No. 91 CV 12529; Hon. Jack E. Gant, presiding
Jury trial, July 19 - July 23, 1993
(Defended insurer in bad faith action based on denial
of coverage due to late notice under a claims-made-and
reported form of non-profit organization liability policy;
jury awarded defense costs and statutory penalty totaling
$110,000; settled during pendency of appeal)
North River Insurance Company v. Robert
M. Phillips, P.C.
U.S. District Court for the Southern District of Iowa
(at Des Moines)
Case No. 4-91-7007; Hon. Harold D. Viator, presiding
Bench trial September 9 - September 11, 1993
(Prosecuted policy rescission action on behalf of professional
liability insurer of accountant who embezzled $4.2 million
from clients; denial of rescission was appealed to Eighth
Circuit; settled during pendency of appeal)
Robert & Patricia Tyrrell v. P.S. Partners,
Ltd.
Circuit Court for the 16th Judicial Circuit, Kane County,
Illinois
Case No. LKA 92-352; Hon. Patrick M. Dixon, presiding
Jury trial, November 27 - December 1, 1994
(Defended homebuilder in a personal injury action by
a carpenter who sustained serious groin injuries in
a fall. Jury awarded $1.2 million, after 30% reduction
for comparative negligence, and case was settled for
$1 million policy limits)
Case Corporation v. Aetna Property &
Casualty Company
U.S. District Court for the Eastern District of Wisconsin
Case No. 93 C 1181; Hon. Rudolph Randa, presiding
Jury trial, September 8 - September 15, 1997
(Defended insurer in coverage and bad faith action
based on declination of coverage due to non-compliance
with insurance policy reporting requirements; jury awarded
$4.2 million contract damages; $1 million compensatory
damages for bad faith; $10 million punitive damages;
punitive and bad faith awards were voided on post-trial
motions; case was settled while appeal was pending)
Walter Guminiak v. Industrial Fire Equipment
Co., Inc., et al.
Circuit Court of Cook County, Illinois
Case No. 92 L 12923; Hon. John V. Virgilio, presiding
Jury trial, June 11 – June 17, 1998
(Defended manufacturer of Halon fire suppression system
in a multi-defendant personal injury/product liability
action involving claims of traumatic and anoxic brain
injuries; settled by all defendants during course of
trial)
Estate of Eric Morse and Estate of Derrick
Lemon v. Chicago Housing Authority et al.
Circuit Court of Cook County, Illinois
Case No. 95 L 08153; Hon. James S. Quinlan, Jr., presiding
Jury trial, April 9 – June 18, 2001
(Defended private security contractor for the housing
authority in the wrongful death action and survivors’
emotional distress claim arising from the murder of
a 5-year old thrown from a CHA high-rise window by two
other children; trial ended in a hung jury, 10-2 in
favor of defendants; settled while jury was deliberating)
Barbara Everett v. South Lowe Avenue Terrace, LLC
Circuit Court of Cook County, Illinois
Case No. 99 L 13249; Hon. Irwin J. Solganick, presiding
Jury trial, February 27 – March 11, 2003
(Defended owner of residential apartment building in
which plaintiff fell down stairwell, sustaining traumatic
brain injuries; settled for $2.5 million during jury
trial after plaintiff reduced her demand from $5 million)
Nasser Akel v. Officer Floyd Eppling,
Officer Stephen Bednarczyk, Officer William Peterson,
City of Chicago, and Digby's Detective and Security
Agency, Inc.
U.S. District Court for the Northern District of Illinois,
Eastern Division
Civil Action No. 01 C 8963; Hon. John F. Grady, presiding
Bench Trial, March 10, April 28, and May 6, 2004
(Defended two Chicago Police officers and a security
guard company in a civil rights action alleging excessive
force in an arrest; three-day trial limited to enforcement
of a settlement made by plaintiff's counsel without
his authority.)
John Schehl v. Village Field Club
Circuit Court of Cook County, Illinois
Case No. 03 L 8689; Hon. Susan McDunn, presiding
Bench trial, January 10, 2005
(Defended owner of suburban swimming pool in which
plaintiff struck his head while diving from high diving
board, sustaining neck injuries; court granted judgment
in favor of defendant)
Paul Idlas v. Champion Roofing, Inc.
Circuit Court of Lake County, Illinois
Case No. 04 L 725; Hon. Raymond J. McKoski, presiding
Bench trial, February 27, 2006
(Defended a facsimile advertiser against claims
for statutory damages under the federal Telephone
Consumer Protection Act, conversion, and attorney’s
fees for violations of the Illinois Consumer Fraud
Act; court granted judgment of $1,000 against defendant
under TCPA, but denied claims under ICFA and conversion,
awarding no attorney fees)
Robert Carter v. Certified Wrecking Co.
Inc. and Chicago Antique Brick, Inc.
Circuit Court of Cook County, Illinois
Case No. 03 L 12191; Hon. Richard J. Elrod, presiding
Jury trial, January 12 – January 24, 2007
(Defended demolition contractor Certified Wrecking
against negligence claims of the plaintiff, who
was severely burned on a demolition site; obtained
a not guilty verdict for that defendant, while jury
awarded $2.935 million to plaintiff against the
codefendant, after a third codefendant settled at
trial for $250,000)
Stephen Wartalski v. JSB Construction
and Consulting Company and JMS Electric, Inc. v.
Climate Service, Inc.
Circuit Court of Cook County, Illinois
Case No. 03 L 5129; Hon. James M. Varga, presiding
Jury trial, February 26 - March 9, 2007
(Defended general contractor JSB Construction against
negligence claims of the plaintiff, who claimed
his cranial nerve injury and dystonia was caused
by UV radiation exposure from a broken metal halide
bulb on a construction site; jury found client defendant
30% at fault and codefendant subcontractor 70% at
fault, awarding $925,700 to plaintiff)