MITCHELL H. FRAZEN
Trials

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)

 
 
 
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