C. Barry Montgomery - Partner

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Biography

C. Barry Montgomery is a founding partner of the commercial litigation firm of Williams Montgomery & John Ltd. Mr. Montgomery focuses his practice on complex commercial litigation, product liability, class actions and construction litigation, as well as directors' and officers' liability and professional liability litigation. He is a Fellow of the International Academy of Trial Lawyers, a Fellow of the International Society of Barristers and is "AV Preeminent" peer review rated by Martindale-Hubbell.  Mr. Montgomery is an active trial lawyer who has tried more than 150 jury trials to verdict in state and federal courts throughout the United States.

Mr. Montgomery has been recognized by his fellow lawyers and numerous publications as one of the outstanding trial lawyers in the United States. He has been recognized by The National Law Journal as one of the "Top 10 Litigators in the United States," and selected by Leading Lawyers Network as one of the "Top 10 Leading Business Litigators in Illinois." Mr. Montgomery has been recognized by Best Lawyers in America since 1989 and is currently listed under bet-the-company litigation, commercial litigation and personal injury defense.  Since 2002, Mr. Montgomery has been recognized by the International Who's Who of Product Liability Defense Lawyers.

Education/Bar Admissions

Mr. Montgomery received a B.A., cum laude, from Muskingum University and received his J.D. from the University of Michigan Law School, where he was a Lecki Scholar.

Mr. Montgomery has served as a faculty instructor at the University of Michigan, Advocacy Institute, Ann Arbor, Mich.; National Institute for Trial Advocacy, Advanced Program, Boulder, Colo.; and International Association of Defense Counsel Trial Academy.

Bar Admissions

  • Illinois Supreme Court
  • U.S. District Court, Northern District of Illinois
  • U.S. Court of Appeals, Seventh Circuit
  • U.S. Court of Appeals, Eighth Circuit
  • U.S. Court of Appeals, Ninth Circuit
  • U.S. Court of Appeals, D.C. Circuit
  • United States Supreme Court

Pro Hac Vice Admissions

Alabama, Alaska, Arizona, Arkansas, California, Colorado, Connecticut, Florida, Indiana, Iowa, Kansas, Kentucky, Louisiana, Massachusetts, Menomonee Trial Court, Michigan, Missouri, Montana, Nebraska, Nevada, New Jersey, New York, Oklahoma, Oregon, Pennsylvania, Tennessee, Texas, U.S. Virgin Islands, Washington, West Virginia, Wisconsin and Wyoming

Professional Memberships

  • Fellow, International Academy of Trial Lawyers
  • Fellow, International Society of Barristers
  • American Board of Trial Advocates
  • International Association of Defense Counsel
  • Chicago Bar Association
  • Illinois State Bar Association
  • American Bar Association
  • Seventh Circuit Bar Association
  • Legal Club of Chicago
  • The Society of Trial Lawyers
  • Trial Lawyers Club of Chicago
  • Illinois Association of Defense Trial Counsel
  • Defense Research Institute

Professional Recognitions and Awards

  • Best Lawyers in America, 1989-2016: currently listed for Bet-The-Company Litigation, Commercial Litigation, Medical Malpractice Law Defense and Personal Injury Litigation Defense.
  • "Top 10 Litigators in the United States," The National Law Journal.
  • "Top 10 Litigators in Illinois," The National Law Journal.
  • "Top Ten Leading Commercial Litigators in Illinois," Leading Lawyers Network.
  • "Top Ten Leading Business Lawyers in Illinois," Leading Lawyers Network.
  • "500 Leading Lawyers in America," Lawdragon.
  • Martindale-Hubbell Law Directory "AV" (highest) rating.
  • International Who's Who of Product Liability Defense Lawyers.
  • International Who's Who of Business Lawyers.
  • Illinois Super Lawyers, "The Top 10".
  • Illinois Super Lawyers, Business Litigation.
  • Who's Who in the World.
  • Who's Who in American Law.
  • Who's Who in America.
  • Who's Who in the Midwest.
  • Profile: "Montgomery for the Defense," Chicago Magazine.
  • Profile: "Defense Attorney: Think Like a Winner to Be a Winner," Chicago Lawyer.
  • Profile: "Barry Montgomery: Defense Attorney Knows How to Talk to Joe the Juror," Leading Lawyers Network Magazine/Business Edition.

Mr. Montgomery is a frequent speaker and has written numerous articles and chapters on topics relating to trial practice. A listing of his publications and speeches is available upon request. 

Representative Matters

  • Emerald Casino v. Officers and Directors of Emerald Casino

    U.S. District Court, Northern District of Illinois

    Represented the only former Officer and Director found not guilty in suit by Bankruptcy Trustee resulting in a $272 million judgment against all other defendants.

  • McDavid, Inc. v. Nike USA, Inc.

    U.S. District Court, Northern District of Illinois

    Successfully represented plaintiff McDavid in a patent infringement suit against Nike USA, Inc.

  • Prudential Plaza Associates v. Turner Construction Company

    Circuit Court of Cook County, Ill.
    Won $9 million breach of contract and promissory fraud counterclaim for defendant Turner Construction. Plaintiff originally sought $37 million in delay and remedial damages arising out of the construction of Two Prudential Plaza. (Selected by The National Law Journal as one of the "Outstanding Defense Verdicts" in the United States).

  • Sean Mason ex. rel. United States v. Medline, Inc. and the Medline Foundation

    U.S. District Court, Northern District of Illinois
    Secured $85 million recovery on behalf of the U.S. government representing qui tam plaintiff after the United States declined to intervene. Lawsuit brought against Medline for its national practice of securing contracts by providing kickbacks to medical care facilities using complex methods that made it impossible for providers to accurately report savings to the government in accordance with applicable regulations. Case settled after discovery for $85 million plus attorney's fees.

  • Smith v. Black & Decker

    Circuit Court of Will County, Ill.
    Obtained a defense verdict in a product liability lawsuit against Black & Decker involving a power saw manufactured by defendant.  Plaintiff alleged the defective design resulted in accident that caused serious personal injuries.  Case cited by The National Law Journal as one of the "Outstanding Defense Verdicts" in the United States.

  • United States of America v. International Paper Company, et al.

    U.S. District Court, Southern District of Texas
    Won criminal antitrust case on behalf of Weyerhaeuser employee alleging national conspiracy to fix prices in the corrugated box industry in violation of the Sherman Act. At the time, was the largest criminal antitrust suit brought by the U.S. government against a single industry.

  • Smith as Bankruptcy Plan Trustee for Estate of Boston Chicken, Inc. v. Arthur Andersen, et al.

    U.S. District Court, District Court of Arizona
    Represented individual director and member of audit committee of Boston Chicken, Inc. in suit against breach of fiduciary duty claims arising out of the Boston Chicken bankruptcy. Settled after extensive discovery and while summary judgment motions were pending.

  • Estate of Cody Quimby, minor v. Sears, Roebuck and Co.

    U.S. District Court, District of Arizona
    Obtained defense verdict in product liability lawsuit against Sears involving above-ground pool manufactured and sold by Sears.  Plaintiff alleged defective design resulted in serious personal injuries to 15-year-old who dove into the pool.

  • Central Illinois Light Co. v. Freeman United Coal Co.

    Arbitration, Chicago, Ill.
    Won breach of contract suit on behalf of Central Illinois Light Co. Plaintiff sought damages and termination in connection with a long-term coal supply agreement.

  • Lister v. Bill Kelley Athletic, Inc.

    Circuit Court of DuPage County, Ill.
    Obtained defense verdict in a product liability lawsuit against Bill Kelley Athletic, Inc. involving football helmet manufactured by defendant.  Plaintiff alleged defective design and failure to warn after sustaining serious personal injuries when making a tackle during a high school football game.  Case cited by The National Law Journal as one of the "Outstanding Defense Verdicts" in the United States.

  • Montgomery, et al. v. Aetna Plywood, et al.

    U.S. District Court, Northern District of Illinois
    Beneficiaries of ESOP Trust brought lawsuit against corporation and its ESOP trustees for breach of fiduciary duties and ERISA violations.  Verdict for client trustees after trial

  • Whirlpool Corporation v. Sensata Technologies, Inc. and Texas Instruments Inc.

    Circuit Court of Cook County, Ill.

    Represented consumer products manufacturer in product liability lawsuit brought against supplier to recover damages caused by recall of 1.8 million refrigerators.  Supplier manufactured start relay connected to compressor.  Settlement achieved on eve of trial.