Ms. Kennedy focuses her practice on commercial and professional liability cases in courts and ADR forums throughout the country. Her extensive experience spans commercial litigation, power plant construction litigation, legal and financial professional liability and insurance coverage matters.
Additional Bar Admissions:
U.S. Court of Appeals 7th Circuit
U.S. District Court Northern District of Illinois
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)
Siemens Westinghouse Power Corp. v. The Shaw Group, Inc. and Stone & Webster, Inc. U.S. District Court, Central District of Illinois, Rock Island Division. 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.
WINFertility, Inc. v. IntegraMed, Inc., Supreme Court of the State of New York, County of Westchester, White Plains, New York. 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.
Prudential Plaza v. Turner Construction Co., Cir. Ct. Cook Co., IL. Represented Turner. Breach of contract suit seeking $48 million in delay and remedial damages arising out of the construction of Two Prudential Plaza . Countersuit for $9 million for breach of contract and promissory fraud. Assisted in preparing for trial, resulting in winning verdicts on complaint and counterclaim.
APR v. Goodyear Tire Co. , Cir. Ct. Cook Co., IL. Represented Goodyear. Breach of contract suit arising out of a disputed distributorship agreement. Obtained favorable settlement.
Gravdahl v. Conwell , U.S. Dist. Ct., IL . Represented securities broker in class action suit alleging broker-dealer and intermediary misfeasance. Favorable mediation result in the Seventh Circuit.
City of Dubuque , Iowa v. Davis , Hockenberg, District Court, Des Moines , IA. Represented Iowa 's largest law firm in a legal malpractice claim arising out of the theft by a trust manager of $61 million in assets from a trust allegedly improperly drafted by the firm. Lost on liability as to trust beneficiaries; won as to claims of trustees and on apportionment of damages claimed by co-defendant trust administrator, Bankers Trust. Settled for $2 million.
Consumer Systems Corporation v. Continental Bank, et al. , Cir. Ct. Cook Co., IL. Represented law firm and attorneys. Obtained judgment in favor of defendants in litigation involving lender liability, alleged professional negligence, alleged employee dishonesty, and RICO claims. Judgment affirmed by the 1st District Appellate Court, 8/11/97.
Ferguson v. Roberts, 7th Circuit U.S. Court of Appeals. Represented Roberts. Obtained judgment in favor of attorneys in securities fraud litigation involving an alleged scheme to defraud investors in real estate, and prevailed on appeal, 11 F.3d 696 (7th Cir. 1993).
Kotlisky v. Attorneys, U.S. Dist. Ct., IL . Obtained judgment in favor of attorneys in securities fraud litigation involving alleged scheme to defraud investors in an Indian Gaming Casino.
Polsky v. Indeck Energy, Cir. Ct. Lake County , IL . Represented defendant. Suit alleging $100 million in damages for breach of shareholder's agreement, fiduciary duties and fraud by corporate president against corporation and directors. Settled during trial.
Eirich Machines, Inc. v. Zurich Insurance Co., et al. , Cir. Ct. Cook Co., IL. Represented defendant. Bad faith case seeking property damage coverage for German manufacturer and seeking damages, attorneys' fees, and penalties on bad faith count. Won bad faith issue, settled property damage.
Emerson v. Aetna , Cir. Ct. Cook Co., IL. Represented Home Insurance. Obtained summary judgment for insurer in environmental clean-up case involving $30 million and 27 sites nationwide.
Methode Electronics v. A law firm , Cir. Ct. Cook Co., IL. Represented defendant. Case involving Methode's failure to have valid and enforceable patents on an interconnect device for surface mount applications. Obtained favorable settlement.
United National v. Entertainment Group , 7th Cir. , U.S. Ct. of Appeals. Represented plaintiff in declaratory judgment action against a theatre owner in negligence action alleging that minor customer was sexually assaulted in theatre. Won summary judgment, affirmed on appeal, 945 F.2d 210.