The Firm's focus on litigation also extends to our handling of numerous appeals of matters tried to verdict, other final judgments and interlocutory appeals. Our reputation for excellent appellate work also results in appeals being referred to the firm. In this section of our web site we feature a sampling of appellate cases that have been the subject of published opinions.
U.S. Bank Nat'l Ass'n v. Clark, 216 Ill.2d 334 (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.
Taurus Holdings Inc. v. USF&G, et al., 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.
Dumas v. Infinity Broadcasting, 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.
Progressive Universal Ins. Co. of Ill. v. Liberty Mut. Fire Ins. Co., 2005 WL 913541 (Ill. 4/21/05).
Obtained affirmance of an order of summary judgment entered in favor of Progressive Universal Insurance Company of Illinois. The Illinois Supreme Court, in reversing an adverse appellate court opinion, upheld the food-deliver-for-a-fee exclusion in Progressive's automobile policy. The Court found that the exclusion did not conflict with the Illinois statutory requirement of omnibus coverage and was valid as to not only the named insured but also additional, permissive users. In so ruling, the Court rejected appellee's contention that because of Illinois' mandatory automobile insurance scheme, no exclusions in automobile policies may be enforced without express authorization by the legislature.
Conn. Specialty Ins. Co. v. Loop Paper Recycling , 2005 WL 396594 (1st Dist. Feb. 17, 2005).
Affirmed summary judgment for our client, Connecticut Specialty, 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.
Wakehouse v. Goodyear Tire & Rubber Co. , 353 Ill.App.3d 346, 818 N.E.2d 1269 (3rd 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 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.
Doe v. Baxter , 380 F.3d 399 (8th Cir. 2004).
Affirmed summary judgment for our client, Alpha Therapeutics, because hemophiliac who contracted HIV could not prove that defendant's product caused plaintiff's infection.
Sameer v. Butt , 343 Ill.App.3d 78, 796 N.E.2d 1063 (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.
Lambert v. Goodyear Tire & 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 .
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.
State v. Hydrite Chemical Co. , 257 Wis.2d 554, 652 N.W.2d 828 (Wis. App. 2002).
Affirmed summary judgment in favor of the firm's client, an insurance company. The Wisconsin Appellate Court found that a claim denominated as a “nuisance” claim, which in substance compelled the insured to clean up a contaminated site, did not seek “damages” within the meaning of the insurers’ policies.
Household Int'l, 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.
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.
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 case law favorable to our client.
On Air Entertainment Corp. v. National Indemnity Co. , 210 F.3d 146 (3rd Cir. 2000).
Affirmed entry of judgment as a matter of law in favor of the defendant on plaintiff's bad faith claim and reversed award of defense costs entered in favor of plaintiff.
Guerino v. Depot Place Partnership , 191 Ill.2d 314, 730 N.E.2d 1094 (2000).
The Illinois Supreme Court held that a third-party defendant, who had not paid more than its pro-rata share, could not recover from other potential tortfeasors. This was an issue of first impression in the area of contribution among joint tortfeasors.
Rangel v. Brookhaven Constructors, Inc. , 307 Ill.App.3d 835, 719 N.E.2d 174 (1st Dist. 1999).
Affirmed summary judgment for our client, a general contractor, holding that Brookhaven owed no duty in tort to the plaintiff.
Giraldi v. Community Consolidated School District No. 62 , 279 Ill.App.3d, 679, 665 N.E.2d 332 (1st Dist. 1996), Illinois Appellate Court.
The Illinois Appellate Court for the First District affirmed the judgment entered on the jury's defense verdict in a case involving sexual abuse by a bus driver. The court held that the trial judge had not committed error in allowing the testimony of the defendants' attorney or in making the other rulings contested by the plaintiff.
Ferguson v. Roberts , 11 F.3d 696 (7th Cir. 1993).
Affirmed a trial court ruling in favor of the defendants holding that the trial court had properly applied the statutes of limitation and repose and, further, that the trial court did not abuse its discretion in denying the plaintiffs leave to amend their complaint to add RICO claims.