Areas of Practice:
Commercial Litigation; Class Actions; Product Liability; Professional Malpractice; Construction; Patent; Contracts; Uniform Commercial Code; Wrongful Termination - Employer.
Bar Admissions:
Illinois, 1966
U.S. District Court Northern District of Illinois, 1969
U.S. District Court Northern District of Illinois Trial Bar, 1983
U.S. Court of Appeals 3rd, 5th, 6th, 7th and 8th Circuits
Admitted pro hac vice in 14 states
Education:
Villanova University School of Law, Villanova, Pennsylvania, 1966
Doctor of Jurisprudence
Law Review: Villanova Law Review, Editorial Board Member, 1965-1966
Cornell University, Ithaca, New York, B.A., 1963
Recognitions and Listings:
Listed: The Best Lawyers in America, Business Litigation, 1995 to Present.
Listed: Leading Lawyers Network in the specialty areas of Commercial Litigation and Professional Malpractice.
Listed: Illinois Super Lawyers. Ranked in Top 100 in Illinois.
Classes/Seminars Taught:
"Pre-Filing Considerations of Business Litigation," Chicago Bar Association, May, 1996.
"Legal Malpractice-Avoiding the Big and Little Mistakes," Chicago Bar Association, Professional Liability Section, Young Lawyers Section, 1993.
"Proving/Disputing Plaintiffs' Damages - The Defendant's Perspective," Chicago Bar Association Continuing Legal Education Program, 1992.
"Observations of an Attorney - What He Likes and Dislikes About Expert Witnesses," American Board of Professional Liability Attorneys, 1991.
"Discovery Under Rule 220 - Expert Witness," Illinois State Bar Association - Law Ed Program - Trial Evidence, 1990.
"Have You Ever Thought About Admitting Liability?", Edison Institute, 1989.
"Expert Witness/Evidence, Advocacy, Discovery," American Bar Association Litigation Section, 1989.
"Expert Witnesses - Assistance for the Trier of Fact or Star Wars in the Courtroom?", Seventh Circuit Bar Association Annual Judicial Conference, 1989.
"Bad Faith Litigation and Insurer v. Insurer Disputes," Practicing Law Institute, 1986.
National Institute on Insurance Coverage Law, American Bar Association Litigation Section, 1986.
Professional Associations and Memberships:
Fellow, International Academy of Trial Lawyers (Past Dean, Vice-President & President (2001-02))
Fellow, International Society of Barristers (Board of Governors, 2007-2009; State Membership Chair, 2007-2008)
Fellow, American College of Trial Lawyers
Chicago Bar Association
American Bar Association
Illinois State Bar Association
Seventh Circuit Bar Association
American Board of Trial Advocates
Illinois Supreme Court Advisory Committee on Pattern Jury Instructions, 1988-1998
Published Works:
"New Approach to Limitations of Remedies and Damages under the UCC," Illinois Bar Journal, February 2008.
Chapter, "Trial Techniques" (Co-Author), IICLE Handbook, Professional Liability, 1997.
"The New Legal Malpractice Statute of Repose and Pre-Existing Claims," Illinois Bar Journal, October 1993.
Chapter, "Trial Techniques in Attorney Malpractice Cases" (Co-Author), IICLE Handbook, Professional Liability, 1991.
Chapter, "Professional Liability Insurance," IICLE Handbook, Professional Liability, 1986 Update and 1982.
Representative Cases:
ConocoPhillips v. Level 3 Communications, et al. Filed in Madison County, Illinois, No. 04 L 196 (Judge Andy Mathoesian). Represented plaintiffs and obtained a $4.7M jury verdict in a property damage case. The jury found negligence, trespass and nuisance in a two week trial. 2006.
Imo Industries, Inc. v. Siemens DeMag Delaval Turbomachinery. Filed in the Court of Chancery for the State of Delaware, in and for New Castle County, No. 20142 (Chancellor William B. Chandler III). Won summary judgment for defendants Mannesmann Corporation and DeMag Delaval Turbomachinery Corp. on a counterclaim for contractual indemnity of asbestos claims under an Asset Purchase Agreement. 2005.
WINFertility, Inc. v. IntegraMed, Inc., Supreme Court of the State of New York, County of Westchester, White Plains, NY. Represented WINFertility in breach of a five year contract after one year. After a three week trial, jury found breach by IntegraMed and no breach by WINFertility. 2005.
Siemens Westinghouse Power Corp. v. The Shaw Group, Inc. and Stone & Webster, Inc. Filed in the U.S. District Court, Central District of Illinois, Rock Island Division, No. 02-4029 (Judge John A. Gorman). Won summary judgment for Siemens to defeat a $7,000,000 claim for liquidated damages due to claimed delivery delay in providing a turbine to a power plant in Cordova, Illinois. 2004.
Utility Resource Management v. American Hotel, U.S.D.C., Chicago, IL . Represented American Hotel Register in a $3.2M breach of contract suit by URM to a successful confidential settlement prior to closing arguments in a bench trial before Judge Amy St. Eve. 2004.
Tishel v. Shell Oil Company, et al., Chancery Division, Circuit Court of Cook County, IL. Represented Phillips Petroleum Company in this class action suit for high gasoline prices in Illinois during the Spring of 2000. Obtained dismissal of case. 2001.
An Engineering Firm v. Siemens Westinghouse Electric Corporation and Mitsui Babcock Energy Limited, American Arbitration Assoc., NY. Represented Siemens Westinghouse in successful six-month arbitration to void a contract based on economic coercion concerning power plants in China . Settled damages issues on a confidential basis. 2000.
Trinova v. LOF Glass, et al., Circuit Court of Lucas County, OH. Represented Trinova in suit for breach of contract in the acquisition of LOF Glass by Pilkington Holdings of England. LOF refused to pay large tax liability. The jury found Trinova entitled to $6M additional taxes plus interest and attorney's fees totaling $10M. 1995.
Polsky v. Indeck Energy Service, Inc., Circuit Court of Cook County, IL. Represented Indeck Energy in breach of employment and stock agreements. Polsky won an arbitration award of $24M. Obtained reversal of $17M of the award. 1994.
UNR v. Continental, et al., U.S. District Court, Northern District of Illinois. Represented an insurer of UNR in $123M claim for failure to provide complete defense to asbestos claims. UNR claimed it was forced into bankruptcy by its insurers' actions. Three-month jury trial resulted in eleven special verdicts, all in favor of defendant insurer. 1984.
Appellate Decisions:
Grupo Condumex, S.A., et al v. SPX Corporation, et al., U.S. Court of Appeals, No. 05-4094 (6th Cir.). 2006.
Cohen, et al v. Blockbuster Inc., 351 Ill. App. 3d 772, 814 N.E.2d 933 (1st Dist. 2004).
Shula v. HSA, Appellate Court of Illinois , First Judicial District, No.1-00-2885. (1st Dist. 2003).
Zurich Ins. Co. v. Raymark Industries, Inc., 514 N.E.2d 150 ( Ill. 1987).
UNR Industries, Inc. v. Continental Ins. Co., 607 F.Supp. 855 (N.D.Ill. 1984).