Attorneys

Areas of Practice:
Complex Commercial Litigation; Insurance Coverage Litigation; Patent Infringement and Trade Secret Litigation.

Bar Admissions:
Supreme Court of Illinois
Supreme Court of Nebraska
U.S. Courts of Appeal for the 6th, 7th and Federal Circuits
U.S. District Court Northern (including trial bar) and Central Districts of Illinois and Western District of Wisconsin

Education:
Creighton University School of Law, Omaha, Nebraska, 1980
Doctor of Jurisprudence

University of Nebraska at Omaha, Omaha, Nebraska, B.S. (Economics), 1977

Publications and Presentations:

"Establishing and Managing a Results-Oriented Relationship with Outside Counsel," Transportation Lawyers Association Annual Meeting, 1999.

"Personal Injury Coverage Issues," Insurance Coverage for Intentional Acts, Chicago Bar Association Insurance Law Seminar, 1997.

"Insurance Coverage For Employment Disputes,"  Employment Litigation and Related Insurance Issues, American Bar Association-Chicago Bar Association Joint Seminar, 1995.

"Beyond Outboard Marine:  The Pollution Exclusion and Current Issues in Environmental Insurance Coverage," Insurance Issues for the Nineties, Chicago Bar Association Insurance Law Seminar, 1994.

"Avoiding Litigation Through Discovery," Resolution of International Disputes, Chicago Bar Association Foreign Law Seminar, 1993.

"Insurance Coverage For Antitrust Claims Under Personal Injury Liability Policies," Mealey's Litigation Reports - Insurance, September 8, 1992 .

Representative Cases:
Tenneco Packaging Corporation v. S. C. Johnson & Sons Co., United States District Court for the Northern District of Illinois.  Patent infringement action.  Represented Plaintiff in action for infringement of patent covering One-Zip technology.  Obtained favorable construction of patent in two day evidentiary Markman hearing, 1999 WL 1044840 (N.D.Ill.), later lost on summary judgment for Defendant, 2000 WL 1898839 (N.D.Ill.).   Represented Plaintiff on appeal to Federal Circuit, where trial court was affirmed, 26 Fed.Appx. 943 (Fed.Cir. 2002).

Case Corporation v. Aetna Surety & Casualty Co., United States District Court for the Western District of Wisconsin .  Insurance coverage action.  Represented Plaintiff in action to recover $4.1MM in insurance coverage for warranty claims.  Obtained jury verdict for Plaintiff for $4.1MM, plus $1MM in bad faith damages and $10MM in punitive damages.  Attorneys fees and prejudgment interest increased total award to nearly $20MM.  Bad faith, punitive damages and prejudgment interest awards set aside on post trial motions.  Settled on appeal to 7^th Circuit.

SNA Nut Company v. National Union Fire Insurance Co., United States District Court for the Northern District of Illinois.  Insurance coverage action.  Represented Plaintiff in action to recover $2MM for business interruption insurance.  Settled prior to trial for full amount of claim.

Emcore v. Aixtron , United States District Court for the Northern District of Illinois.  Action for misappropriation of trade secrets.  Represented Plaintiff manufacturer of gallium nitride semiconductor manufacturing equipment in action to prevent misappropriation of trade secrets.  Obtained judgment for Plaintiff for full injunctive relief requested.

Deutsche Bank v. Gebruder Kullenkampf, et al.   Dusseldorf, Germany .  Represented one of three joint venture partners in crawler tractor parts manufacturer in case alleging $140 million fraud by partners in the sale of manufacturer to Plaintiff.  Obtained dismissal of complaint on summary judgment.

Burlington Northern Railroad Company v. Certain Underwriters at Lloyds, et al. 348^th Judicial District Court, Tarrant County, TX.  Action for insurance coverage.  Represented Plaintiff in action to recover $200 million from its comprehensive general liability insurers for amounts paid to coal slurry pipeline company to settle action against Burlington Northern alleging, among other things, antitrust violations arising out of BN's conduct in denying rights of way to pipeline company, plus BN's costs incurred in defending the action by the pipeline company.  Obtained confidential settlement prior to trial.

Missouri Pacific Railroad Co. v. Chicago South Shore and South Bend Railroad Company, United States District Court for the Northern District of Illinois.  Action to recover interline payments.  Represented plaintiff in trust funds case against defendant, to recover interline revenues paid to defendant by railroad customers.  Obtained temporary restraining order against defendant, causing it to suspend service pending resolution of issue of trust funds.  Settled prior to trial by payment by Defendant to Plaintiff of entire amount of claim.

Union Pacific Railroad Company v. Chicago, Central & Pacific Railroad Company, United States Bankruptcy Court for the Northern District of Iowa .  Intervention in cash collateral proceeding, later adversary proceeding for recovery of interline payments.  Represented Plaintiff in adversary proceeding to recover interline revenues paid to Defendant-Debtor, also claimed by General Electric Credit Corporation.  Settled prior to trial for entire amount of claim.

Missouri Pacific Railroad Company v. Escanaba & Lake Superior Railroad Company, United States District Court for the Western District of Michigan.  Action to recover interline payments.  Represented Plaintiff.  Summary judgment for plaintiff, 702 F. Supp. 630 (1989).  Affirmed on appeal to Sixth Circuit Court of Appeals 897 F.2d 210.

Union Pacific Railroad Company v. Terry F. Moritz, United States District Court for the Northern District of Illinois.  Action to recover interline payments.  Represented Plaintiff.  Summary judgment for Plaintiff.  Reversed on appeal to the United States Court of Appeals for the 7^th Circuit, 840 F.2d 535 (7^th Cir. 1988).  Petition for writ of certiorari to the United States Supreme Court denied, 109 S. Ct. 244 (1988).

Matter of Application of Union Pacific Railroad Company, Nebraska Public Service Commission.  Application before regulatory commission to close station agencies.  Application granted in part after evidentiary hearing before Commission.

Matter of Application of Union Pacific Railroad Company, Public Utilities Commission of the State of Colorado .  Application before regulatory commission to close station agencies.  Application granted in part after evidentiary hearing before Commission.

First National Bank & Trust Company of Fremont v. Hughes , Nebraska State District Court, Dodge County, NE.   Action against Defendant for deficiency judgment after satisfaction from collateral securing loan.  Represented Defendant in case of first impression regarding sufficiency of notice to individual guarantor regarding sale of collateral.  Directed verdict for Defendant at conclusion of Plaintiff's case.  Affirmed on appeal to Nebraska Supreme Court,    214 Neb. 42 (1983).