Mr. Montgomery is a trial attorney with over 150 jury trials to verdict in state and federal courts throughout the United States. Areas of special concentration include complex commercial litigation, class action litigation, construction litigation, product liability, and professional liability litigation.
The Best Lawyers in America, Naifeh and Smith, 1989 to present. Current listing under "Bet-The-Company," "Commercial Litigation," "Personal Injury Litigation" and "Medical Malpractice Law."
Top 10 Litigators in the United States, The National Law Journal, May, 1996.
Top 10 Litigators in Illinois, The National Law Journal, November, 1999.
Top Ten Leading Business Litigators in Illinois, Leading Lawyers Network, January, 2009.
Top Ten Leading Business Lawyers in Illinois, Leading Lawyers Network, January, 2009.
Lawdragon 500 Leading Lawyers in America, Lawdragon, May, 2010.
Top 20 Tort Defense Lawyers, Chicago Lawyer, January, 2003.
Martindale-Hubbell Law Directory a.v. (highest) rating.
International Who's Who of Product Liability Defense Lawyers, 2010.
International Who's Who of Business Lawyers, 2009.
Illinois SuperLawyers, 2009.
Who's Who in the World, 2009.
Who's Who in American Law, 2009.
Who's Who in America, 2009.
Who's Who in the Midwest, 2009.
Profile: "Montgomery for the Defense," Chicago Magazine (July, 1984).
Profile: "Defense attorney: Think like a winner to be a winner," Chicago Lawyer (January, 2003).
Profile: "Barry Montgomery: Defense Attorney Knows How to Talk to Joe the Juror," Leading Lawyers Network Magazine/Business Edition (January, 2009).
Faculty Instructor: University of Michigan Advocacy Institute, Ann Arbor, Michigan, 1985.
Faculty Instructor: National Institute for Trial Advocacy, Advanced Program, Boulder, Colorado, 1986.
Faculty Instructor: International Association of Defense Counsel Trial Academy, Boulder, Colorado, 1987.
Faculty Instructor: Illinois State Bar Association, Trial Techniques Institute, Chicago, Illinois, 1999.
Additional Bar Admissions:
U.S. Supreme Court, 1971
U.S. District Court Northern District of Illinois, including Trial Bar, 1962
U.S. Court of Appeals for 7th, 8th, 9th and District of Columbia Circuits
Pro Hac Vice Admissions in state and federal courts in 31 States and U.S. Virgin Islands
Additional Professional Memberships:
International Association of Defense Counsel
American Bar Association
Illinois State Bar Association
Chicago Bar Association
The Seventh Circuit Bar Association
Legal Club of Chicago
The Society of Trial Lawyers
Trial Lawyers Club of Chicago
Illinois Association of Defense Trial Counsel
Illinois Association of Health Care Attorneys
Trucking Industry Defense Association
Defense Research Institute
Publications:
Montgomery, C. Barry & Nahrstadt, Bradley C. "Preventing the Runaway Verdict in Catastrophic Injury Cases. Federation of Defense and Corporate Counsel Quarterly, Summer, 2010.
Montgomery, C. Barry & Nahrstadt, Bradley C. "The Four Cardinal Rules of Business Generation." The Paradigm, quarterly publication of Primerus Defense Institute, Spring, 2010.
Montgomery, C. Barry & Nahrstadt, Bradley C. "The Keys to Successful Business Development." The Young Lawyer, monthly magazine of American Bar Association's Young Lawyer Division, January, 2010.
Montgomery, C. Barry & Nahrstadt, Bradley C. "Crafting a Successful Closing Argument." For The Defense, September, 2009.
Montgomery, C. Barry & Nahrstadt, Bradley C. "The Four Cardinal Rules of Business Generation." Defense Research Institute Annual Meeting Course Materials, Octoer, 2008.
Montgomery, C. Barry & Nahrstadt, Bradley C. "The Art of Settlement - Factors to Consider." The Paradigm, quarterly publication of Primerus Defense Institute, Fall, 2008.
Chapter: "Cross-Examination of the Catastrophically Injured Plaintiff." Your Witness--Lessons on Cross-Examination and Life from Great Chicago Trial Lawyers, Law Bulletin Publishing Company, March, 2008.
Montgomery, C. Barry & Nahrstadt, Bradley C. "When to Settle a Case--Factors to Consider." Published in Primerus electronic newsletter Defensively Speaking, December, 2007.
Montgomery, C. Barry & Nahrstadt, Bradley C. "Pick a Winner: Some Thoughts on Jury Selection." For The Defense, October, 2007.
Montgomery, C. Barry & Nahrstadt, Bradley C. "Beyond the Threshold: Motions in Limine" (Part II). For The Defense, May, 2007.
Montgomery, C. Barry & Nahrstadt, Bradley C. "Beyond the Threshold: Motions in Limine" (Part I). For The Defense, April, 2007.
Montgomery, C. Barry & Nahrstadt, Bradley C. "Advanced Defense Trial Strategies for Prevailing in a Complex Brain and Spinal Cord Case." Federation of Defense & Corporate Counsel Quarterly, Volume 56, Number 2, Winter 2006.
Montgomery, C. Barry & Nahrstadt, Bradley C. "Link Trial Presentation to Jury Instructions," For The Defense, June 2006.
Montgomery, C. Barry & Nahrstadt, Bradley C. "The Most Difficult Argument: Pain and Suffering." For The Defense, July, 2004.
Montgomery, C. Barry & Nahrstadt, Bradley C. "A Primer for the Entertainment Community: Legal and Practical Issues About Venue Safety-What You Should Know." The University of Virginia Journal of Sports & Entertainment Law, Spring, 2004.
Montgomery, C. Barry, "Defending the Dead-Bang Loser." American Bar Association Litigation Journal, Volume 26, Number 3, Spring 2000.
Montgomery, C. Barry & Nahrstadt, Bradley C. "How to Defend Punitive Damages Claims Effectively and Maybe Successfully." Defense Counsel Journal, July, 1999.
Council Compensatory Damages Deskbook, 1995, and 2nd Edition Chapter: "Direct Examination of Annuitists." Product Liability Advisory, 1999.
Chapter: "Applying the Admissibility Standards to the Economist." International Association of Defense Counsel Manual, Challenges to Improper Expert Witness Testimony, 1999.
Montgomery, C. Barry & Horstman, James K. "Federal Preemption: Still A Cure for Managed Care Liability Claims?" For The Defense, July, 1997.
Editor: International Association of Defense Counsel Training Manual, 2nd Edition, 1995.
Chapter: "Direct Examination of Lay Witnesses at Trial." International Association of Defense Counsel Training Manual, 1989, and 2nd Edition, 1995.
Montgomery, C. Barry & Horstman, James K. "Using Annuity Cost Evidence to Contain Awards for Future Damages." Defense Research Institute Monograph, Volume 1993, Number 1.
Montgomery, C. Barry & Horstman, James K. "Using Annuity Cost Evidence on Issues of Future Damages." Illinois Bar Journal, November, 1988.
Montgomery, C. Barry & Horstman, James K. "The Annuitist--A Key Defense Witness on the Issue of Damages." For The Defense, July, 1988.
Chapter: "Keeping Damages Fair and Reasonable." Masters of Trial Practice, Wiley Law Publications, June, 1988.
Chapter: "Defendant's Opening Statement." Trial Techniques: Opening Statement and Closing Arguments, The Institute of Continuing Legal Education, Ann Arbor, Michigan, 1987.
Speeches and Presentations:
"Evaluating Your Case for Settlement," Chicago Law Bulletin Seminars 2010 Case Evaluation Conference, Chicago, Illinois, July 2010.
"Preventing Runaway Verdicts in Medical Negligence Cases." Illinois Association of Healthcare Attorneys' 27th Annual Health Law Symposium, Chicago, Illinois, October, 2009.
"Trial Superstars: Trends in Personal Injury Litigation/Wrongful Death." The Chicago Bar Association Young Lawyers Section Seminar, Chicago, Illinois, October, 2009.
"Winning the Verdict & Protecting the Record." The Law Bulletin Publishing Company Seminars, Chicago, Illinois, May, 2009.
"Masters in Marketing," Defense Research Institute 2008 Annual Meeting, New Orleans, Louisiana, October, 2008.
"Litigation Skills I Conference," The Law Bulletin Publishing Company Seminars, Chicago, Illinois, March, 2008.
"Shaken Not Stirred," American Bar Association, Chicago, Illinois, February, 2008.
"Case Valuation II: When to Take the Case - When to Settle," Chicago Law Bulletin Seminars, Chicago, Illinois, October, 2007.
"Case Valuation: When to Take the Case - When to Settle," Chicago Law Bulletin Seminars, Chicago, Illinois, April, 2007.
"Appropriate Use and Purpose of Motions in Limine," Defense Research Institute Seminar - Preeminent Lawyer - Superstars of Trial, Chicago, Illinois, September, 2006.
"Jury Instructions" and "Third Defense Attorney's Closing Argument," Defense Research Institute Seminar - Becoming a Preeminent Trial Lawyer, Chicago, Illinois, October, 2005.
"Tort Reform Summit," Chicago Law Bulletin Seminars, Chicago, Illinois, May, 2005.
"Measuring Non-Economic Damages," Illinois Institute for Continuing Legal Education Spring 2005 Seminar - Civil Damages: Developments & Trends, Chicago, Illinois, January, 2005.
"A Primer for the Entertainment Community: Legal and Practical Issues About Your Safety - What You Should Know," The Chicago Bar Association Entertainment and Arts Committee Program, Chicago, Illinois, October, 2003.
"The Most Difficult Argument: Putting a Number or Value on the Non-Economic Loss," Defense Research Institute Damages Seminar, Las Vegas, Nevada, March, 2003.
"Damages," Kane County Bar Association Seminar, Geneva, Illinois, May, 2001.
"Defendant's Closing Statement: Bring the Jurors Back to Earth," Illinois Institute for Continuing Legal Education, Chicago, Illinois, December, 2000.
"Effective Direct and Cross-Examination," The Chicago Bar Association Summer Boot Camp for Aspiring Litigators Seminar, Chicago, Illinois, August, 1999.
"Presenting the Expert Case," The American Bar Association Section of Litigation Committee on Products Liability Litigation & The Chicago Bar Association Regional Institute, Chicago, Illinois, May, 1999.
"Admissibility of Demonstrative Evidence," 13th Annual Construction Superconference, San Francisco, California, December, 1998.
"How to Defend Effectively a Punitive Damages Claim," The International Association of Defense Counsel Corporate Counsel College, Dallas, Texas, November, 1998.
"The Art of Minimizing Damages," Illinois Trial Lawyers Association Trial Techniques Seminar, Chicago, Illinois, October, 1998.
"Effective Direct and Cross-Examination," The Chicago Bar Association Boot Camp for Aspiring Litigators Seminar, Chicago, Illinois, August, 1998.
"Defense of Difficult Damages Issues," Employers Reinsurance Corporation Medical-Legal Seminar, Kansas City, Missouri, May, 1998.
"Effective Direct and Cross-Examination," The Chicago Bar Association Boot Camp for Aspiring Litigators Seminar, Chicago, Illinois, September, 1997.
"Computer Animation in the Courtroom," Chicago Daily Law Bulletin and Engineering Animation, Inc. Seminar, Chicago, Illinois, September, 1996.
"Effective Direct and Cross Examination," The Chicago Bar Association Summer Boot Camp for Aspiring Litigators Seminar, Chicago, Illinois, August, 1996.
"Effective Direct and Cross-Examination," The Chicago Bar Association Seminar, Chicago, Illinois, May, 1996.
"Defending the Punitive Damage Case," General Electric Regional Counsel Meeting, Fairfield, Connecticut, April, 1996.
"Montgomery on Cross Examination," Illinois State Bar Association Masters Series on Trial Techniques Program, Chicago, Illinois, March, 1996.
"Insulating the Corporation from Punitive Damages," Defense Research Institute Seminar, Las Vegas, Nevada, March, 1996.
"Hold On To Your Cap - A Look at How Damage Caps Will Affect the Defense Practice," Illinois Association of Defense Trial Counsel Fall Conference, St. Louis, Missouri, September, 1995.
"Effective Direct and Cross-Examination," The Chicago Bar Association Summer Boot Camp for Aspiring Litigators Seminar, Chicago, Illinois, August, 1995.
"Using the Experts - Issues in the 90's," Product Liability Advisory Counsel 1995 Spring Conference, McLean, Virginia, April, 1995.
Representative Cases:
Commercial:
Smith as Bankruptcy Plan Trustee for Estate of Boston Chicken, Inc. v. Arthur Anderson, et al, U.S. Dist. Ct. Arizona. Represented individual director and member of audit committee of Boston Chicken, Inc. in suit against corporate officers and directors for breach of fiduciary duty arising out of the Boston Chicken bankruptcy. Settled.
Polsky v. Indeck Energy, Cir. Ct. Lake County, IL . Represented defendant in suit by former president alleging $100M in damages for breach of shareholders' agreement, employment agreement, fiduciary duties and fraud against corporation and directors. Settled during trial.
Central Illinois Light Co. v. Freeman United Coal Co., Arbitration, Chicago, IL. Represented Central Illinois Light Co. in breach of contract suit for damages and termination arising out of a long-term coal supply agreement. Won.
Montgomery , et al. v. Aetna Plywood, et al., U.S. Dist. Ct., IL . Represented defendant ESOP Trustee in class action suit by beneficiaries of ESOP Trust against Corporation and ESOP Trustees for breach of fiduciary duties and ERISA violations. Won.
Whirlpool Corporation, et al v. Sensata Technologies, Inc., et al., Cir. Ct. Cook Co., IL. Represent plaintiff in multi-million dollar commercial suit arising out of recall of Whirlpool and Maytag refrigerators. Suit pending.
Construction:
Prudential Plaza Associates v. Turner Construction Company, Cir. Ct. Cook Co., IL. Represented Turner in breach of contract suit seeking $37M in delay and remedial damages arising out of the construction of Two Prudential Plaza. Countersuit for $9M for breach of contract and promissory fraud. Won. (Selected by The National Law Journal as one of the Outstanding Defense Verdicts in the U.S. ).
Sears Roebuck and Co. v. Duke-Weeks Realty Limited Partnership, et al., Cir. Ct. Will Co., IL. Represent owner of commercial warehouse in multi-million dollar suit by tenant alleging roof collapse due to faulty construction, design and failure to maintain. Suit pending.
Transportation:
Rachel Barton v. Northeast Illinois Regional Commuter Authority (METRA) and Union Pacific Railroad Co., Cir. Ct. Cook Co., IL. Represented defendants in commuter train accident in which a 20-year-old celebrity violinist was caught in door and dragged by commuter train resulting in amputation of legs. Lost. (Most highly publicized civil trial in Cook County history.)
Insurance:
Vancom v. Zurich American Insurance Company, U.S. Dist. Ct., Las Vegas, NV. Represented defendant Zurich in suit by insured claiming insurance bad faith and breach of contract arising out of a $26 million excess verdict against Zurich's insured. Settled.
Antitrust:
United States of America v. International Paper Company, et al., U.S. Dist. Ct., Houston, TX . Represented Weyerhaeuser employee in criminal anti-trust suit alleging national conspiracy to fix prices in the corrugated box industry in violation of the Sherman Act. At the time, this suit was the largest criminal anti-trust suit brought by the U.S. Government against a single industry. Won.
Class Action:
APCC v. AT&T, U.S. Dist. Ct., Washington, D.C. Class action suit by client, a trade association of payphone providers, alleging violations of F.C.C. orders by AT&T in failing to pay amounts due to the class plaintiffs for completed long distance telephone calls. Case pending.
James M. McKevitt, et al v. The Chicago Athletic Association, et al., U.S. Bankruptcy Ct., N.D. of IL, Eastern Division. Represented plaintiffs in class action against officers of Chicago Athletic Association for breach of fiduciary duty. Settled.
Product Liability:
Smith v. Black & Decker, Cir. Ct. Will Co., IL. Represented Black & Decker in product liability suit seeking $12M compensatory and punitive damages arising out of alleged defective design of Black & Decker power saw. Won. (Selected by The National Law Journal as one of the Outstanding Defense Verdicts in the U.S. ).
Estate of Cody Quimby, minor v. Sears, Roebuck & Co., U.S. Dist. Ct., AR. Represented defendant Sears in product liability suit against manufacturer and retailer of above ground swimming pool alleging defective warning design of pool. Plaintiff age 15 became a quadriplegic after diving into the pool. Won.
Lister v. Bill Kelley Athletic, Inc., Cir. Ct. DuPage Co., IL. Represented manufacturer Kelley Athletic, Inc. (formerly McGregor Sports) in product liability suit against football helmet manufacturer alleging defective design and failure to warn. Plaintiff became a quadriplegic when making a tackle during a high school football game. Won.
Cartwright v. Goodyear Tire Company, Cir. Ct. Cook Co., IL. Represented Goodyear in product liability tire separation case. Case previously tried by different defense counsel resulting in $12 million verdict which was overturned on appeal. Settled.
Medical Malpractice:
Ailey v. Northwestern Memorial Hospital, Cir. Ct. Cook Co., IL. Represented defendant hospital in medical malpractice suit for brain injury to newborn during forceps delivery. Won. (Selected by The National Law Journal as one of the Outstanding Defense Verdicts in the U.S. ).
See Extended Biography
