Areas of Practice:
Complex Commercial Litigation; Product Liability Litigation; Professional Liability Litigation.
Bar Admissions:
Supreme Court of Illinois
U.S. Supreme Court
U.S. Court of Appeals 7th Circuit and 9th Circuit
U.S. District Court Northern District of Illinois Trial Bar
Pro Hac Vice Admissions in state and federal courts in 31 States and U.S. Virgin Islands
Education:
The University of Michigan Law School, Ann Arbor, Michigan, 1962
Doctor of Jurisprudence
Muskingum College, New Concord, Ohio, B.A., 1959
Honors: cum laude
Recognitions and Listings:
Selected by The National Law Journal as one of the Top 10 Litigators in the United States (May, 1996).
Selected by The National Law Journal as one of the Top 10 Litigators in Illinois (November, 1999).
Selected by Chicago Lawyer as one of the Top 20 Tort Defense Lawyers (January, 2003).
Selected by Leading Lawyers Network as one of the Top 10 Leading Business Lawyers in Illinois (April, 2006).
Recognition: Naifeh and Smith, The Best Lawyers in America, 1989 to present. Current listing under "Commercial Litigation" and "Personal Injury Litigation."
Honorary Degree of Doctor of Public Service conferred by Muskingum College, May, 2005.
Profile: "Montgomery for the Defense," Chicago Magazine (July, 1984).
Profile: "Defense attorney: Think like a winner to be a winner," Chicago Lawyer (January, 2003).
Listed: Martindale-Hubbell Law Directory a.v. (highest) rating.
Listed: Directory of Litigation Attorneys, ABA Section of Litigation Prentice Hall.
Listed: International Who's Who of Product Liability Defense Lawyers.
Listed: International Who's Who of Business Lawyers.
Listed: Leading Lawyers Network.
Listed: Illinois Super Lawyers.
Listed: Who's Who in the World.
Listed: Who's Who in American Law.
Listed: Who's Who in America.
Listed: Who's Who in the Midwest.
Faculty Positions:
Faculty Instructor: University of Michigan Advocacy Institute.
Faculty Instructor: National Institute for Trial Advocacy Advanced Program.
Faculty Instructor: International Association of
Defense Counsel Trial
Academy .
Faculty Instructor: Illinois State Bar Association Trial Techniques Institute.
Professional Associations and Memberships:
Fellow,
International Academy of Trial Lawyers
Fellow, International Society of Barristers
American Board of Trial Advocates
International Association of Defense Counsel
American Bar Association
Illinois State Bar Association
Chicago Bar Association
Lawyers Club of
Chicago
The Society of Trial Lawyers
Trial Lawyers Club of
Chicago
Illinois Association of Defense Trial Counsel
Illinois Association of Health Care Attorneys
National Association of Railroad Trial Counsel
Defense Research Institute
American Arbitration Association
Published Works:
Editor:
International Association of Defense Counsel Training Manual, 2nd
Edition, 1995.
Chapter: "Defendant's Opening Statement." Trial Techniques: Opening Statement and Closing Arguments, The Institute of Continuing Legal Education, Ann Arbor, Michigan, 1987.
Chapter: "Keeping Damages Fair and Reasonable."
Masters of Trial Practice , Wiley Law Publications, June, 1988.
Chapter: "Direct Examination of Lay Witnesses at Trial."
International Association of Defense Counsel Training Manual, 1989, and 2nd Edition, 1995.
Chapter: "Direct Examination of Annuitists."
Product Liability Advisory Council Compensatory Damages Deskbook, 1995, and 2nd Edition, 1999.
Chapter: "Applying the Admissibility Standards to the Economist." International Association of Defense Counsel Manual, Challenges to Improper Expert Witness Testimony, 1999.
Montgomery, C. Barry & Horstman, James K. "The Annuitist--A Key Defense Witness on the Issue of Damages."
For The Defense, July, 1988.
Montgomery, C. Barry & Horstman, James K. "Using Annuity Cost Evidence on Issues of Future Damages."
Illinois
Bar Journal, November, 1988.
Montgomery, C. Barry & Horstman, James K. "Using Annuity Cost Evidence to Contain Awards for Future Damages." Defense Research Institute Monograph, Volume 1993, Number 1.
Montgomery, C. Barry & Horstman, James K. "Federal Preemption: Still A Cure for Managed Care Liability Claims?"
For The Defense, July, 1997.
Montgomery, C. Barry & Nahrstadt, Bradley C. "How to Defend Punitive Damages Claims Effectively and Maybe Successfully." Defense Counsel Journal, July, 1999.
Montgomery, C. Barry, "Defending the Dead-Bang Loser." American Bar Association Litigation Journal, Volume 26, Number 3, Spring 2000.
Montgomery, C. Barry & Nahrstadt, Bradley C. "A Primer for the Entertainment Community: Legal and Practical Issues About Venue Safety-What You Should Know."
The
University
of
Virginia Journal
of Sports & Entertainment Law, Spring, 2004.
Montgomery, C. Barry & Nahrstadt, Bradley C. "The Most Difficult Argument: Pain and Suffering."
For The Defense, July, 2004.
Montgomery, C. Barry & Nahrstadt, Bradley C. "Advanced Defense Trial Strategies for Prevailing in a Complex Brain and Spinal Cord Case." Federation of Defense & Corporate Counsel Quarterly, Volume 56, Number 2, Winter 2006.
Montgomery, C. Barry & Nahrstadt, Bradley C. "Link Trial Presentation to Jury Instructions," For the Defense, June 2006.
Representative Cases:
Smith as Bankruptcy Plan Trustee for Estate of Boston Chicken, Inc. v. Arthur Anderson, et al, U.S. Dist. Ct. Arizona. Represented individual director and member of audit committee of Boston Chicken, Inc. in suit against corporate officers and directors for breach of fiduciary duty arising out of the Boston Chicken bankruptcy. Settled.
Judge: Paul G. Rosenblatt, U.S. Dist. Ct. Arizona.
Plaintiff Counsel: Leo R. Beus.
Prudential Plaza Associates v. Turner Construction Company, Cir. Ct. Cook Co., IL. Represented Turner in breach of contract suit seeking $48M in delay and remedial damages arising out of the construction of
Two Prudential Plaza . Countersuit for $9M for breach of contract and promissory fraud. Won. (Selected by The National Law Journal as one of the Outstanding Defense Verdicts in the
U.S. ).
Judge: Dean M. Trafelet,
Cir. Ct. Cook Co., IL.
Plaintiff Counsel: Steven J. Harper, Kirkland & Ellis.
Rachel Barton v.
Northeast Illinois
Regional Commuter Authority (METRA) and Union Pacific Railroad Co., Cir. Ct. Cook Co., IL. Represented defendants in commuter train accident in which a 20-year-old celebrity violinist was caught in door and dragged by commuter train resulting in amputation of legs. Lost. (Most highly publicized civil trial in
Cook County history.)
Judge: Allen Freeman, Cir. Ct. Cook Co., IL.
Plaintiff Counsel: Robert A. Clifford, Clifford Law Offices, P.C.
Polsky v. Indeck Energy,
Cir. Ct. Lake County, IL . Represented defendant in suit by former president alleging $100M in damages for breach of shareholders' agreement, employment agreement, fiduciary duties and fraud against corporation and directors. Settled during trial.
Judge: William D. Block,
Cir. Ct. Lake County, IL .
Plaintiff Counsel: William J. Harte.
Montgomery
, et al. v.
Aetna
Plywood, et al.,
U.S. Dist. Ct., IL . Represented defendant ESOP Trustee in class action suit by beneficiaries of ESOP Trust against Corporation and ESOP Trustees for breach of fiduciary duties and ERISA violations. Won.
Judge: William T. Hart,
U.S. Dist. Ct., IL .
Plaintiff Counsel:
Clinton A. Krislov.
Mathieson v. Shea, Cir. Ct. DuPage Co., IL. Represented defendant in suit for dissolution of accounting partnership agreement under the IL Partnership Act. Won.
Judge: John W. Darrah, Cir. Ct. DuPage Co., IL.
Plaintiff Counsel: Walter P. Maksym, Jr.
Smith v. Black & Decker, Cir. Ct. Will Co., IL. Represented Black & Decker in product liability suit seeking $12M compensatory and punitive damages arising out of alleged defective design of Black & Decker power saw. Won. (Selected by The National Law Journal as one of the Outstanding Defense Verdicts in the
U.S. ).
Judge: Herman S. Haase, Cir. Ct. Will Co., IL.
Plaintiff Counsel: Laird M. Ozmon.
Estate of Cody Quimby, minor v. Sears, Roebuck & Co.,
U.S. Dist. Ct., AR.
Represented defendant Sears in product liability suit against manufacturer and retailer of above ground swimming pool alleging defective warning design of pool. Plaintiff age 15 became a quadriplegic after diving into the pool. Won.
Judge: J. Larry Hendrew,
U.S. Dist. Ct., AR.
Plaintiff Counsel: Bernard Whetstone & David Hodges.
Lister v. Bill Kelley Athletic, Inc., Cir. Ct. DuPage Co., IL. Represented manufacturer Kelley Athletic, Inc. (formerly McGregor Sports) in product liability suit against football helmet manufacturer alleging defective design and failure to warn. Plaintiff became a quadriplegic when making a tackle during a high school football game. Won.
Judge: Bruce Fawell, Cir. Ct. DuPage Co., IL.
Plaintiff Counsel: Donovan & Roberts.
Ailey v. Northwestern Memorial Hospital, Cir. Ct. Cook Co., IL. Represented defendant hospital in medical malpractice suit for brain injury to newborn during forceps delivery. Won. (Selected by The National Law Journal as one of the Outstanding Defense Verdicts in the
U.S. ).
Judge: Edward R. Burr, Cir. Ct. Cook Co., IL.
Plaintiff Counsel: Barry D. Goldberg, Goldberg & Goldberg.
Estate of Antonia Renda v. Dr. Bernard Leininger, Cir. Ct. Cook Co., IL. Represented defendant doctor in medical malpractice suit. Plaintiff alleged amputation of both legs due to improper testing and diagnosis. Won.
Judge: Lester A. Bonaguro, Cir. Ct. Cook Co., IL.
Plaintiff Counsel: John J. Lowrey, Wingler & Gorey.
United States of America
v. International Paper Company, et al.,
U.S. Dist. Ct., Houston, TX . Represented Weyerhaeuser employee in criminal anti-trust suit alleging national conspiracy to fix prices in the corrugated box industry in violation of the Sherman Act. At the time, this suit was the largest criminal anti-trust suit brought by the U.S. Government against a single industry. Won.
Judge: John V. Singleton,
U.S. Department of Justice,
U.S. Dist. Ct., Houston, TX .
Plaintiff Counsel: Laurence K. Gustafson,
U. S. Department of Justice.