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James E. Abbott

James E. Abbott

Partner

IL – Chicago
T: 312.781.6572 | F: 312.781.6630

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Jim is an accomplished civil litigation trial attorney with more than 25 years of experience defending clients in high stakes actions within a multitude of industries including healthcare, construction, trucking/transportation and manufacturing. He also handles complex commercial litigation matters involving fiduciary disputes, executive and officer liability, accounting and tax malpractice and legal malpractice. Additionally, Jim represents clients in employment discrimination, consumer fraud, trade secret violations, unfair business practices, property loss/damage claims and class actions. He also defends nonprofit organizations in a variety of cases ranging from employment and contract disputes to difficult foster care liability actions.

Jim has tried cases throughout Illinois in state and federal courts, and has argued appeals in the Illinois Appellate Courts and in the United States Court of Appeals for the Seventh Circuit. He has been admitted pro hac vice as lead counsel and served as national coordinating counsel in California, New York, Texas, Wisconsin and Missouri.

Jim frequently takes on difficult cases that may garner media attention and has experience handling high-profile cases, such as the opioid litigation, and has successfully defended against “nuclear verdicts” at trial on multiple occasions. His devotion to his clients and fearless demeanor in the courtroom is unwavering. Jim’s clients know they can rely on him to try any case, no matter the odds. In some instances that has included him being asked to appear late in high-exposure cases after settlement negotiations have failed. Jim is a staunch advocate for those in his own profession when other attorneys are sued for legal malpractice.

Jim understands that business and nonprofit organizations face unique challenges when sued. He works tirelessly to ensure his clients are relatable in order to combat “profits over people” arguments and similar “reptile” litigation and trial tactics. He understands that the facts and evidence presented at trial is often not enough to prevail, but that a favorable verdict may be the result of connecting with jurors. Often this requires taking complex issues and crafting arguments in a simple manner, which is an area where Jim excels. This is an approach he learned from Bill Kunkle, a mentor who Jim tried his very first two cases with more than twenty years ago.

Jim believes in effective communication and responsiveness with his clients throughout the litigation process. He is committed to partnering with clients to develop an aggressive, yet efficient and cost effective strategy from the outset of litigation.

Jim has been named an Illinois Super Lawyer in Civil Defense Litigation and an Illinois Leading Lawyer for numerous years, and has also been named in America’s Top 100 Civil Defense Litigators.

Practices

  • Obtained favorable jury verdict for EMS company and the driver of its ambulance following an accident in which our client ran a red light and collided with Plaintiff’s vehicle, contributing to Plaintiff sustaining injuries; the Defense offered a high policy limit settlement, that Plaintiff rejected, and demanded more than $10 million. The jury ultimately awarded Plaintiff nearly $200,000 less than the policy limit that was offered by our client to settle.
    • Rebecca Tornga, v. American Ambulance, LLC, et al., 2023 WL 8112668
  • Obtained summary judgment after Plaintiff sustained injuries while walking through our security services client’s checkpoint; after the Court denied our motion for summary judgment, our Defense attorneys’ moved for reconsideration on grounds that the Court misapplied the law, and the Court reversed its prior ruling that our client’s metal detector was defective.
    • Howard Odes v. Andy Frain Services, Inc., 2019 L 007971, Circuit Court of Cook County, IL
  • Prevailed on summary judgment for attorney clients in “case within a case” legal malpractice action filed by multi-millionaire bond trader against his former attorneys alleging negligence; Plaintiff alleged that the former attorneys negligently handled an underlying accounting and subsequent legal malpractice acts and omissions action causing enormous financial loss in the form of back taxes, fines and penalties with the IRS and Illinois Department of Revenue.
    • Baldwin v. Starr & Assoc., et al, Circuit Court of Cook County, IL
  • Prevailed on summary judgment for events promotion company client in heavily publicized wrongful death action in which 23 year old woman fell from a four story balcony at a prominent Chicago hotel and died while attending a large Halloween party of millennial age patrons, which defendant-client organized, promoted and managed.
    • Duskey v. Andrenaline Y2K, et. al., Circuit Court of Cook County, IL
  • Defense verdict for dentist client who allegedly failed to properly perform multiple extractions and dental implant surgery on a woman in her mid- 30s, which allegedly resulted in severe infection, comprehensive bone loss and permanent loss of numerous teeth. The jury also found in dentist client’s favor on an informed consent count.
    • Panszczyk v. ACDI, et al, Circuit Court of Cook County, IL
  • Summary judgment granted in favor of dental clinic client in an employment discrimination action.
    • Karagiannis v. Allcare Dental Mgt., LLC, U.S. Dist. Ct., N.D.Ill.
  • Successful binding arbitration for pharmacist/pharmacy clients significantly mitigated client’s damages. Following group settlement of case with numerous medical defendants stemming from alleged medication error that resulted in plaintiff’s permanent paraplegia, the defendants proceeded to binding arbitration to determine causal negligence attributable to each defendant in order to apportion the group settlement. Arbitration panel found pharmacy client had the least causal negligence among all of the defendants.
    • Antoine v. Roeschen’s Healthcare, et al, Ozaukee County, WI
  • Defense verdict for gastroenterologist client in wrongful death malpractice action alleging that gastroenterologist failed to timely diagnose and treat colon cancer following colonoscopy that revealed ulcerative colitis. The decedent was a 37 year old with a spouse and 4 young children. Plaintiff’s counsel asked the jury for $16 million but awarded plaintiff nothing.
    • Estate of Bosco v. Orbeta, Circuit Court of Cook County, IL; Defense verdict upheld on appeal, (388 Ill.App.3d 450, 903 N.E.2d 756 (1st 2009))
  • Defense verdict on behalf of obstetrician client who attempted a vaginal birth after cesarean section (“VBAC”) delivery on a woman whose uterus ruptured, which resulted in the birth of a neurologically and physically impaired child. Plaintiff’s counsel asked the jury for $25 million, and after 4 days of deliberation the jury found for obstetrician client.
    • Strino v. Lindemulder, Circuit Court of Cook County, IL
  • Represented the City of Chicago in eminent domain dispute over fair market value of private property wherein the City sought land for use as a new fire department building. Jury awarded property owner several hundred thousand dollars less than its asking price for the land.
    • Public Building Commission of Chicago v. SWM Ventures, Inc., Circuit Court of Cook County, IL
  • Verdict on behalf of insurance company client in declaratory judgment action in which policy holder, a chiropractor, brought counterclaim for breach of disability contract. Successfully argued that chiropractor was in fact able to perform his job duties, and jury found in favor of insurance company client.
    • General American Life Ins. Co. v. Klatz, U.S. Dist. Ct., N.D.Ill.
  • Following unsuccessful jury trial in high profile retaliatory discharge case, mitigated the verdict with a partially successful post trial motion on behalf of defendant Township client. Plaintiffs, a township police chief and a deputy, alleged that they were unlawfully fired by the township president because they assisted the U.S. Justice Department in an ongoing criminal investigation against the township’s president, who conspired to steal millions of dollars from township funds and was eventually convicted. The court partially granted judgment in favor of the Township on grounds that the jury verdict was inconsistent as to the 1st Amendment claim and due process property claim.
    • David Niebur & Phillip Bue v. Town of Cicero, et. al., 212 F.Supp.2d 790 U.S. Dist. Ct., N.D. Ill. (May 15, 2002)
  • Successfully briefed and argued complex contract action in the 5th District appellate court on behalf of financial services company client that purchased an annuity from the beneficiary of a structured settlement in exchange for lump sum payments to the beneficiary. In finding for the financial services company, the 5th District reversed the decision by the Circuit Court of Wayne County, which had blocked the annuity purchase.
    • In re Estate of William Shanan Powless, 315 Ill. App. 3d 859, 734 N.E.2d 111 (5th Dist. IL 2000)