Bradley C. Nahrstadt

Additional Recognitions and Listings:

Andrew M. Hecker Award: "The Plaintiff's Arsenal: Emerging Theories of Liability in the Managed Health Care Field," 1997-1998.
Listed in Strathmore's Who's Who, 1999; Lifetime member, 2000.
Listed in International Directory of Distinguished Leadership, 2000.
Member of Scholar Universe, a leading technology-driven publisher of accurate and authoritative articles.
Monmouth College Outstanding Young Alumnus, 2000.
Finalist for the G. Duffield Smith Award (presented to the author of the best article published in For the Defense for the year), 2004.

Additional Bar Admissions:

U.S. Supreme Court
U.S. Court of Appeals for the 7th and 10th Circuits
U.S. District Court, Northern District of Illinois, including Trial Bar
U.S. District Court, Central District of Illinois
U.S. District Court, Eastern District of Michigan
U.S. District Court, Southern District of Illinois

Publications:

Co-author, "The Keys to Successful Business Development," published in The Young Lawyer, the monthly magazine of the ABA's Young Lawyer Division, January, 2010.

Author, "Rule 30(b)(6) Depositions in an ESI World," published as part of the written materials for the DRI 2009 Annual Meeting, October 2009.

Co-author, "Crafting a Successful Closing Argument," published in For the Defense, September 2009.

"Electronic Discovery and the Meet and Confer Requirements of F.R.C.P. 26(f)," published in E-Discovery Connection, April 2009.

Author, "Top Ten Ways to Ruin Your Closing Argument," published in Trials & Tribulations, the quarterly publication of the DRI Trial Tactics Committee, Spring 2009.

Co-Author, "Two Punitive Damages Cases Every Commercial Litigator Should Know About," published in IDC Defense Update -- Commercial Law, Volume 10, Number 20, March 2009.

"Must You Watch What You Say? Application of the Communications Decency Act of 1996 to Publications on the Internet," (Co-Author), published in the Journal of Internet Law, March 2009.

"Former Employee Sabatoge?  Invoke the Computer Fraud and Abuse Act," published in the Journal of Internet Law, February 2009.

"Actual Notice of Defect Exception to the Illinois Distributor Statute Requires More than Mere Knowledge of the Characteristics of the Product," (Co-Author), published in Strictly Speaking, the newsletter of the IDA Product Liability Committee, January 2009.

"Punitive Damages Redux: The U.S. Supreme Court Limits Punitive Damages Claims Against Big Business," published in the Primerus electronic newsletter, Defensively Speaking," December 2008.

"Reaching the PinnaCLE of the Profession--Through Active Participation in CLE," published in The Paradigm, the quarterly publication of the Primerus Defense Institute, Winter 2008.

"The Class Action Fairness Act: Two Years Later," (Co-Author), In-House Defense Quarterly, Winter 2008.

"Informed Consent for Penile Prosthesis," published in the International Journal of Impotence Research Journal of Sexual Medicine," Winter 2008.

Illinois Insurance Law, General Editor, Illinois Institute of Continuing Legal Education, March 2009.

"Insurance Bad Faith," (Co-Author), Chapter 13, IICLE Illinois Insurance Law, March 2009.

"Abandonment of an Expert and the Illinois Missing Witness Instruction," published in The IDC Quarterly, Fourth Quarter, 2008.

"The Four Cardinal Rules of Business Generation," (Co-Author), published in the course materials for the DRI Annual Meeting, October 2008.

"The Art of Settlement," (Co-Author), published in The Paradigm, the quarterly publication of the Primerus Defense Institute, Fall 2008.

"Electronic Discovery: What You Don't Know Can Really Hurt You," published in The Florida Trial Advocate Quarterly, Third Quarter 2008.

"Using the Internet as a Tool in the Discovery Process," (Co-Author), published in the Primerus electronic newsletter, Defensively Speaking, September 11, 2008.

Countdown to Trial: A Crash Course in Trial Preparation for Paralegals, (Co-Author), course book for the Institute for Paralegal Education, Summer 2008.

Bad Faith Insurance Claims in Illinois, (Co-Author), course book for the National Business Institute, Spring 2008.

Insurance Law Updates in Illinois, (Co-Author), course book for the National Business Institute, Spring 2008.

"When to Settle A Case -- Factors to Consider," (Co-Author), published in the Primerus electronic newsletter, Defensively Speaking, December 10, 2007.

"Hold On A Minute: What's the Deal With Litigation Hold Letters?", The Practical Litigator, November 2007.

"The Importance of Litigation Hold Letters," published in the Primerus electronic newsletter, Defensively Speaking, October 10, 2007.

"Pick a Winner: Some Thoughts on Jury Selection," (Co-Author), For the Defense, October 2007.

"The Importance of Litigation Hold Letters," published in the Primerus electronic newsletter, Defensively Speaking, October 10, 2007.

"The importance of Litigation Hold Letters," Shopping Center Legal Update, Summer 2007.

"Beyond the Threshold: Motions in Limine (Part II)," (Co-Author), For the Defense, May 2007.

"Tort Reform in Illinois," (Co-author), chapter in Tort Reform: A Compendium of Tort Reform Enactments in All 50 States, published by the Primerus Defense Institute, May 2007.

"A Primer on Electronic Discovery," (Co-author), chapter in the 2007 Primerus Defense Research Institute Convocation Coursebook, May 2007.

"Beyond the Threshold: Motions in Limine (Part I)," (Co-Author), For the Defense, April 2007.

"Advanced Strategies for Defending Complex Brain and Spinal Cord Cases," (Co-Author), The FDCC Quarterly, Winter of 2006.

"U.S. Supreme Court Limits the Use of RICO in Business vs. Business Lawsuits," published in The Journal of the Illinois Business Law Society, November 6, 2006.

"Practice Checklist for Electronic Discovery: An Overview of the Power and the Pitfalls," Senior Lawyer, Volume 18, Number 3 (Fall 2006).

"Using Discovery Effectively," chapter in A Young Lawyer's Guide to Defense Practice, published by the Defense Research Institute, Fall 2006.

"Preparing for and Conducting a Deposition," (Co-Author), chapter in A Young Lawyer's Guide to Defense Practice, published by the Defense Research Institute, Fall 2006.

"Basics of Electronic Discovery," (Co-Author), chapter in A Young Lawyer's Guide to Defense Practice, published by the Defense Research Institute, Fall 2006.

"Link Trial Presentation to Jury Instructions," For the Defense, June 2006.

"Using the Internet as a Discovery Tool," (Co-Author), Experience, Volume 16, Number 3, Spring of 2006.

"Understanding the Illinois Respondent in Discovery Statute," (Co-Author), DCBA Brief, The Journal of the DuPage County Bar Association, Volume 18, Issue 9, May 2006.

"Delete at Your Own Risk: Application of the Computer Fraud and Abuse Act, 18 U.S.C. Sec. 1030," The Journal of the Illinois Business Law Society, May 6, 2006.

Illinois Product Liability Practice, General Editor, Illinois Institute of Continuing Legal Education, 2006.

"Motions for Summary Judgment and Appeals," (Co-Author), Chapter 12, IICLE Illinois Product Liability Practice, 2006.

"Trade Meetings and the Antitrust Laws: What Business Competitors Need to Know About Antitrust Liability," The FDCC Quarterly, Winter of 2005.

"Electronic Discovery: An Overview of the Power and the Pitfalls," (Co-Author), The Practical Litigator, November 2005.

"Spoliation of Evidence Revisited," (Co-Author), IDC Quarterly, Second Quarter, 2005.

"The Class Action Fairness Act of 2005 -- What is it All About?," (Co-Author), the Monograph in IDC Quarterly, Second Quarter, 2005.

"Using the Internet as a Tool in the Discovery Process," (Co-Author), The Practical Litigator, March 2005.

"Third-Party Discovery in Arbitration Proceedings," The Journal of the Illinois Business Law Society, March 1, 2005.

"Handling Difficult Issues in Products Liability Actions: Subsequent Remedial Measures, Similar Accidents, Recalls and Foreign Defendants," The FDCC Quarterly, Fall, 2004.

"Narrowing the Scope of Discovery for Substantially Similar Products," The Practical Litigator, November, 2004.

Challenges in Illinois Insurance Coverage Litigation, (Co-Author), course book for the National Business Institute, Fall 2004.

"The Most Difficult Argument: Putting a Number or Value on the Non-Economic Loss," (Co-Author), For the Defense, July, 2004.

"Spoliation of Evidence: A Chronology of Judicial Development in Illinois," (Co-Author), IDC Quarterly, Second Quarter, 2004.

"A Primer for the Entertainment Community: Legal and Pratical Issues About Venue Safety - What You Should Know," (Co-Author), The University of Virginia Journal of Sports & Entertainment Law, Spring, 2004.

"Owner Beware: A Residential Landlord's Liability for the Criminal Acts of Third-Parties," (Co-Author), Monograph in IDC Quarterly, Fourth Quarter, 2003.

"A Primer on Defending Breast Cancer Litigation," (Co-Author), published in Defense Law Journal, Spring 2003.

Litigation Management Techniques for the Litigation Paralegal in Illinois, (Co-Author), course book for the Institute for Paralegal Education, Fall 2002.

Advanced Civil Discovery for the Litigation Paralegal in Illinois,(Co-Author), course book for the Institute for Paralegal Education, Summer 2002.

Litigation Case Management for the Illinois Paralegal, (Co-Author), course book for the Institute for Paralegal Education, Summer 2002.

"A Primer on Defending Breast Cancer Litigation," (Co-Author), American Journal of Trial Advocacy, Volume 25:3, Spring, 2002.

"The Contact Sports Exception Under Illinois Tort Law," (Co-Author), Illinois Bar Journal, Volume 89, No. 12, December, 2001.

"Getting it Together -- A Guide to Understanding Mass Tort Litigation," Business Law Today, Volume 11, No. 1, September/October, 2001.

"Punitive and Other Damages for Emotional Distress in Third-Party Bad Faith Actions," (Co-Author), Federation of Insurance & Corporate Counsel Quarterly, Fall, 1999.

"Attacking the Plaintiff's Nursing Home Malpractice Case through Effective Discovery," FICC Nursing Home Project Course Book, October, 1999.

"Refuting Diagnostic and Neuropsychological Testing in Toxic Tort Cases," (Co-Author), American Journal of Trial Advocacy, Summer, 1999.

"How to Defend Punitive Damages Claims Effectively - and Maybe Successfully," Defense Counsel Journal, July, 1999.

"The Plaintiff's Arsenal: Emerging Theories of Liability in Managed Health Care," Federation of Insurance & Corporate Counsel Quarterly, Winter, 1998.

"Sue Now -- Get Sick Later: An Attorney's Analysis of Claims for Medical Monitoring and Fear of Illness Damages," (Co-Author), DRI Monograph, Winter, 1998.

"Further Strategies in Defending Nursing Home Malpractice Actions," (Co-Author), 8 IDC Quarterly 2, 2nd Quarter, 1998.

"Successful Strategies in Defending Illinois Nursing Home Malpractice Actions," (Co-Author), 8 IDC Quarterly 1, 1st Quarter, 1998.

"In Case of Fire . . . Do Not Call Your Lawyer! A Landlord's Ability to Recover for Property Damage from a Negligent Tenant," Federation of Insurance & Corporate Counsel Quarterly, Fall, 1997.

"Evaluation and Defense of Temporomandibular Joint Injury Claims," Federation of Insurance & Corporate Counsel Quarterly, Spring, 1997.

"Defense of Closed Head Injury Claims," Federation of Insurance & Corporate Counsel Quarterly, Fall, 1995.

"Refuting Damages in a Personal Injury Case: Bolster the Defense by Developing a Strong Economic Team," ABA Tort & Insurance Practice Section Magazine, The Brief, April, 1995.

Portions of the above article have been reprinted in a torts case book entitled "Perspectives on Tort Law," authored by Dominick R. Vetri, Matthew Bender & Co, Inc., Spring, 1998.

Representative Cases:

Bown v. Taormina, Circuit Court of Cook County. The plaintiff was sexually assaulted in her Lincoln Park apartment. Suit was filed against her landlord. Summary judgment entered in favor of the defendant.

Dunlap v. Amin, Circuit Court of Cook County. Medical malpractice action alleging negligence in increasing the decedent's Dilantin and in failing to order soft safety restraints. Permanent brain damage was alleged following the decedent's fall from a chair. Summary judgment entered in favor of the defendant.

Garcez v. Michel, Circuit Court of Cook County. Medical malpractice action alleging failure to diagnose placental abruption. The minor plaintiff suffered hypoxic brain damage. Plaintiff asked jury for $15 million at trial. Verdict for defendant.

Dumas v. Infinity Broadcasting, U.S. District Court for the Northern District of Illinois. Breach of contract action filed by a country music disc jockey. Summary judgment entered in favor of defendant.

Patton v. Ascherman, Circuit Court of Cook County. The plaintiff was sexually assaulted on the grounds of his Chicago apartment. Suit was filed against the landlord. Summary judgment entered in favor of the defendant.

Cozzolino v. Jack's Specialized Services, Circuit Court of Cook County. Plaintiff, an iron worker, claimed he suffered a career-ending back injury while unloading steel. Plaintiff claimed damages in excess of $2 million. Summary judgment entered in favor of defendant.

Quinones v. Prater Industries, Circuit Court of Cook County, Illinois. The plaintiff, Joe Quinones, in an attempt to stop a large rotary grinding machine manufactured by the defendant, stuck his foot inside the grinding chamber. His foot was nearly amputated. The plaintiff filed suit against the manufacturer alleging a variety of design and manufacturing defects. On the second day of trial the case settled for $25,000.

McCaffery v. General Electric, et al., Circuit Court of Cook County, Illinois. The plaintiff claimed that he developed Parkinson's disease as a result of exposure to manganese contained in the fumes given off during the welding process. Plaintiff sued GE as a manufacturer and consumer of welding rods. Plaintiff's complaint was dismissed by the court for failure to state a cause of action.

White v. Durr Environmental, U.S.D.C., Southern District of Illinois. The plaintiff was severely injured in an explosion at a large printing facility. He claimed that the explosion occurred when volatile gases were allowed to build up in one of the printing presses. He blamed the gas build-up on a failure of the thermal oxidizer manufactured by the defendant to function properly. He alleged that the thermal oxidizer was improperly designed and installed. Defendant filed a motion for summary judgment and plaintiff voluntarily dismissed the case. After the case was refiled the defendant renewed the motion for summary judgment and plaintiff dismissed his claims, with prejudice.

Hanna v. Genentech, Inc., Circuit Court of Cook County, Illinois. The plaintiff claimed that he suffered an extreme exacerbation of his psoriasis, along with debilitating joint pain, after using the defendant's anti-psoriasis drug in an experimental trial. The case settled for a nominal sum shortly after the plaintiff's deposition was taken.

Debra Dowe, et al. v. National Passenger Railroad Corp., et al., U.S.D.C., Northern District of Illinois. Represented General Signal Corporation, manufacturer of a railroad crossing signal device at a crossing at which a train collided with a truck in Bourbannis, IL, resulting in 61 lawsuits alleging multiple deaths and injuries. The case against General Signal was voluntarily dismissed.

Genetically Altered Corn Cases, U.S.D.C., Northern District of Illinois. Multiple consumers filed class actions alleging that they were injured after consuming taco products allegedly contaminated with genetically altered corn (Starlink). Defended the seller of the corn flour and was successful in having another defendant assume the defense (upon reimbursement for our defense costs).

Dowler v. Galvez, Circuit Court of Cook County, Illinois. Plaintiff alleged that during a bilateral salpingo oophorectomy, Dr. Galvez negligently placed a clamp posterior to the vagina, thereby causing a colovaginal fistula. The case was tried from December 11, 1995 through December 18, 1995. On December 18, 1995, the jury returned a general verdict in favor of the plaintiff and against the defendant in the amount of $125,000. That same jury responded in the negative to a Special Interrogatory that asked the jury if the defendant was negligent in the use of surgical instruments during the operation on the plaintiff. The plaintiff's entire case rested on the proposition that the defendant was negligent in her use of surgical instruments and somehow made or cut a hole in the tissue that separates the vagina from the colon. The case settled for $75,000 while post-trial motions were pending.

Choi v. L.G. Greenview, et al., Circuit Court of Cook County, Illinois. The plaintiff, Sook Hi Choi, leased an apartment from the defendants in Carol Stream, Illinois. An intruder gained entry to her ground floor apartment through her bedroom window and attempted to sexually assault her. When she resisted, she was slashed repeatedly with a kitchen knife. The plaintiff filed suit against the owners of the apartment complex, as well as the management company, alleging a failure to maintain the premises and to provide adequate security. The plaintiff's demand prior to trial was $1,250,000. The case was tried from December 3, 1996 to December 19, 1996. On December 19, 1996, a mistrial was declared. The jury was deadlocked 11 to 1 in favor of the defendants. The case subsequently settled for $120,000.

Eiccholz v. Kritsas, Circuit Court of Cook County, Illinois. On August 11, 1998, William Eiccholz underwent a radical retropubic prostatectomy for the removal of his cancerous prostate gland. The surgery was performed at Hinsdale Hospital by Dr. John Kritsas and Dr. Rebecca Preston. Dr. Kritsas used a Bookwalter self-retaining retractor to separate and hold the plaintiff's abdominal muscle tissues. Following surgery, it was discovered that the plaintiff had lost function of his left lower extremity due to injury to the femoral nerve. The plaintiff claimed that Dr. Kritsas placed one of the retractor blades from the Bookwalter retractor on the psoas muscle or the femoral canal, resulting in undue pressure on the femoral canal and subsequent permanent nerve damage. The defense argued that the blades of the retractor were not long enough to reach the psoas muscle or the femoral canal and could not have been the cause of the plaintiff's nerve damage. The defense offered several other alternative explanations for the nerve damage, including the possible stretching of the nerve when the surgical table was "broken" and tilted downward to allow the defendant greater access to the surgical field, a known risk of the surgery. The plaintiff asked the jury to award him $2,342,746.00. The case was tried from August 29, 2003 to September 5, 2003. On September 5, 2003, after deliberating for one hour, the jury returned a not guilty verdict.

Infinity Broadcasting v. Hispanic Broadcasting, et al., Circuit Court of Cook County. Represented plaintiff in a breach of contract and tortious interference suit arising out of the defendants' successful efforts to hire plaintiff's radio talent to work for defendants in Chicago. Obtained summary judgment on liability. Case settled for a confidential seven figure amount.

Appellate Opinions:

Novitsky v. American Consulting Engineers LLC, 196 F.3d 699 (7th Cir. 1999)
On Air Entertainment Corp. v. National Indemnity, 210 F.3d 146 (3rd Cir. 2000)
Crawford v. Infinity Insurance Co., 64 Fed.Appx. 146 (10th Cir. 2003)
Riemer v. KSL Recreation Corp., 348 Ill.App.3d 26, 807 N.E.2d 1004 (1st Dist. 2004)
Dumas v. Infinity Broadcasting, 416 F.3d 671 (7th Cir. 2005).

Bradley C. Nahrstadt

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