Mr. John is widely recognized as an outstanding trial attorney and is a member of the prestigious International Academy of Trial Lawyers and a Fellow of both the American College of Trial Lawyers and the International Society of Barristers. He has been listed in Best Lawyers in America for commercial litigation since 1995. Mr. John concentrates his practice on commercial litigation, professional liability, class action defense and intellectual property.
Fellow, International Academy of Trial Lawyers (Past Dean, Vice-President & President (2001-02))
Fellow, International Society of Barristers (Board of Governors, 2007-2010)
Fellow, American College of Trial Lawyers
Chicago Bar Association
American Bar Association
Illinois State Bar Association
American Board of Trial Advocates
Illinois Supreme Court Advisory Committee on Pattern Jury Instructions, 1988-1998
Publications:
Chapter, “Cross-Examination and Jury Ego,” Your Witness – Lessons on Cross-Examination and Life from Great Chicago Trial Lawyers (Chicago Law Bulletin Publishing Co.), June 2008.
"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.
Speeches and Presentations:
“Perspectives on Legal Malpractice—Defending a Legal Malpractice Action,” Chicago Bar Association, June 2008.
“Winning Strategies,” Litigation Skills II Conference, Chicago Daily Law Bulletin, May 2008.
"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 Plaintiff's 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.
Representative Cases:
Bechtel Power Corp., et al v. Athens Generating Corp., et al v. Siemens Westinghouse Power Corp. Represented Siemens Westinghouse in a three and a half year arbitration in Washington, D.C. Peter John and Brigid Kennedy received an arbitration decision for Siemens of "not guilty" in a construction claim by owner Athens involving claims for tens of millions of dollars in delays and liquidated damages. Siemens supplied combustion turbine generators and other equipment to a power plant in New York. When delays derailed the construction schedule, the general contractor (Bechtel) sued the plant owner for liquidated and other damages. The owner sought contribution or indemnity from Siemens. After a hearing spanning portions of three plus years, the panel found that the owner was entitled to no relief from Siemens by way of contribution, indemnity or otherwise. (2009)
ConocoPhillips v. Level 3 Communications, et al. Madison County, Illinois (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. Court of Chancery for the State of Delaware, New Castle County. 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. (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 attorneys' 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).