Areas of Practice:
Civil Appeals; Litigation Support; Insurance Law; Bad Faith Law
Bar Admissions:
Florida, 1987
Illinois, 1997
U.S. District Court Southern District of Florida, 1989
U.S. District Court Northern District of Illinois, 1997
U.S. Court of Appeals 11th Circuit, 1992
U.S. Court of Appeals 7th Circuit, 2000
U.S. Court of Appeals 9th Circuit, 2001
U.S. Court of Appeals 8th Circuit, 2003
Education:
University of Florida College of Law, Gainesville, Florida, 1987
Doctor of Jurisprudence
Honors: cum laude; Order of the Coif
University of South Florida, Tampa, Florida, B.A., 1987
Honors: With Honors
Recognitions and Listings:
Selected for listing in the Leading Lawyers Network in the specialty area of Civil Appeals.
Professional Associations and Memberships:
Illinois Appellate Lawyers Association
Co-Director of Rules Committee
Representative Cases:
Alcala v. Emhart Industries, Inc., ___F.3d___, 2007 WL 1958640 (7th Cir. 2007). The Seventh Court affirmed the jury verdict for the defendant/manufacturer in a suit by a seriously injured machine operator. The issues on appeal involved the sufficiency of the jury voir dire and whether the jury instructions, particularly regarding the issues of "negligence" and "duty," were proper.
Taurus Holdings, Inc. v. U.S.F.&G., 913 So.2d 528 (Fla. Sept. 22, 2005). Because the case involved unsettled issues of Florida law, the Eleventh Circuit certified to the Florida Supreme Court the question of whether there was coverage under CGL policies for suits brought by municipalities against a gun manufacturer to recover for costs of medical services incurred as a result of gun violence. The Florida Supreme Court found that the damages sought "arise out of" the use of guns and were thus excluded from coverage under the products-completed operations hazard exclusions.
U.S. Bank Nat. Ass'n v. Clark, 216 Ill.2d 334 (Ill. Sept. 22, 2005). The issue was whether a mortgagee violated the Illinois Interest Act. In the Supreme Court, we prevailed over both the mortgagors and the Illinois Attorney General. We persuaded the Court that the Illinois statute had been preempted by the Federal Depository Institutions Deregulation and Monetary Control Act.
Progressive Universal Ins. Co. of Ill. v Liberty Mut. Fire Ins. Co., 215 Ill.2d 121, 828 N.E.2d 1175 (2005). The Illinois Supreme Court upheld the food-delivery-for-a-fee exclusion in the automobile policy issued by Progressive. The Court found that the exclusion did not conflict with the Illinois statutory requirement of omnibus coverage. Significantly, we persuaded the Court to reject the opposition's argument, which would have essentially negated all exclusions in automobile liability policies unless explicitly authorized by statute.
Conn. Specialty Ins. Co. v. Loop Paper Recycling, 356 Ill.App.3d 67, 824 N.E.2d 1125 (1st Dist. 2005). Obtained affirmance of summary judgment for our client, based upon a total pollution exclusion and an absolute pollution exclusion in CGL policy. Result protected client from defending or indemnifying class action toxic tort suit.
Dumas v. Infinity Broadcasting Corp.,, 416 F.3d 671 (7th Cir. 2005). Obtained affirmance of summary judgment in favor of Chicago radio station owner in case by radio personality alleging claims for breach of contract and promissory estoppel.
Wakehouse v. Goodyear Tire & Rubber Co., 353 Ill.App.3d 346, 818 N.E.2d 1269 (3d Dist. 2004). Secured reversal of adverse trial court order on interlocutory appeal. Appellate Court held, in an issue it deemed of "first impression," that dismissal of a case filed in one county in Illinois on the basis of interstate forum non conveniens precluded plaintiff from refiling suit in any other county in Illinois.
Riemer v. KSL Recreation Corp., 348 Ill.App.3d 26, 807 N.E.2d 1004 (1st Dist. 2004). Secured reversal of adverse trial court order holding that the court could exercise personal jurisdiction over a parent company that had no connection with Illinois other than the stationing of an employee of a subsidiary of the company in the State of Illinois.
Sameer v. Butt, 343 Ill.App.3d 78, 796 N.E.2d 1036 (1st Dist. 2003). Affirmed summary judgment for our client, Aragon Ballroom. Court held that defendant did not commit negligence in suit arising out of assault.
Jackson v. Illinois Medi-Car, Inc., 300 F.3d 760 (7th Cir. 2002). Affirmed summary judgment for our clients on Section 1983 action based upon plaintiff's claim that defendants deprived him of medical care while transporting plaintiff to the police station after his arrest.
Lambert v. Goodyear Tire and Rubber Co., 332 Ill.App.3d 373, 773 N.E.2d 133 (1st Dist. 2002). Obtained reversal of trial court order denying motion to dismiss based upon interstate forum non conveniens.
AAR Aircraft & Engine Group, Inc. v. Edwards, 272 F.3d 468 (7th Cir. 2001). Secured reversal of adverse trial decision in secured transaction case involving our client's personal guarantee of a $1.3 million sale of an aircraft engine. Although the defendant had signed an "unconditional" guarantee, he had not waived a commercially reasonable disposition of the collateral securing the sale. We persuaded the Seventh Circuit to reject adverse decisions within this circuit and follow foreign case law favorable to our client.
Rogers v. Clark Equipment Co., 318 Ill.App.3d 1128, 744 N.E.2d 364 (2nd Dist. 2001). Affirmed summary judgment for our client, holding that our client, a forklift distributor, did not have a duty or undertake a duty to notify owners of the forklift that a "universal safety seat" was available.
Household Inter., Inc. v. Liberty Mut. Ins. Co., 321 Ill.App.3d 859, 749 N.E.2d 1 (1st Dist. 2001). Affirmed summary judgment for our client based upon insured's violation of late notice condition of CGL policy in environmental coverage case.