Thomas H. Neuckranz

Additional Bar Admissions:

U.S. Supreme Court
U.S. Court of Appeals for the 7th Circuit
U.S. District Court, Northern District of Illinois, including Trial Bar
U.S. District Court, Central District of Illinois
Pro Hac Vice Admissions in state and federal courts in 15 states

Publications:

“Consumer Fraud Statutory Causes of Action,” paper submitted to the Product Liability Advisory Council, Fall 2004 Conference.

“Illinois Law on the Admission of Expert Testimony,” paper submitted to Product Liability Advisory Council 50 State Compilation, 2004.

"Refuting Diagnostic and Neuropsychological Testing in Toxic Tort Cases," American Journal of Trial Advocacy, Summer, 1999.

"Embedded Systems and Embedded Chips - A Hidden Dilemma," Year 2000 Update, Williams & Montgomery, Ltd., February, 1998.

"Cell Phone Radiation," FICC Update, Federation of Defense and Corporate Counsel, July, 1997.

Speeches and Presentations:

Professional Trial Lawyers College of Advocacy, served as a faculty instructor for training program on the principles and techniques of conducting civil jury trials, The University of Illinois College of Law, July 11-14, 2003.

Attacking the Plaintiff's Nursing Home Malpractice Case Through Effective Discovery, Federation of Defense and Corporate Counsel Seminar, 1999.

Defense of Jones Act Cases, Zurich-American Insurance Company Claims Department Seminar. Impact of the Family & Medical Leave Act on the Handling of Workers' Compensation Claims, Zurich Raffles/Churchill Captive Group Safety & Claims Workshop.

Refuting Diagnostic and Neuropsychological Testing in a Toxic Tort Brain Damage Case, Federation of Defense & Corporate Counsel, Toxic Tort & Environmental Law Committee, July, 1997.

Preventing and Defending Employment Discrimination Cases, Forsythe Technology, Inc. Seminar for Mgmt. & Supervisory Employees.

Controlling Damages in the Death Case, Defense Research Institute Damages Seminar, Las Vegas, Nevada.

Handling Lead Poisoning Cases, Federation of Defense & Corporate Counsel, Toxic Tort & Environmental Law Committee, July, 1992.

Representative Cases:

Commercial Litigation:
Breach of contract, fraud, real estate disputes and environmental remediation matters for numerous clients, including Goodyear, Johns Manville, Coastal Corporation, El Paso Corporation, Tao & Associates (engineering firm) and Bud Distributing, Inc.

Employment Litigation:
Numerous Title VII discrimination cases, Section 1983 public employee cases, and management employment contract cases on behalf of numerous corporations and municipalities.

Mass & Complex Litigation, Class Action and Product Liability:
Represented numerous manufacturers in asbestos litigation, including Atlantic Richfield, Goodyear, Black & Decker, Bell Helicopter, Standard Asbestos, IBM, and Eagle Picher.

Represented Titanium Metals Corporation in mass disaster airline crash cases.

Represented manufacturers in class actions involving TCE, DES, ureaformaldehyde, salmonella, and building products.

Represents numerous manufacturers in product liability litigation including Ford, Bell Helicopter, Goodyear, IBM, Johns Manville, Sharp Electronics, Zenith Electronics, Dunlop Tires, Kelly Springfield, Terminix, Avco Corporation, and Textron.

Represented municipalities in class actions involving housing race discrimination and gender discrimination.

Defended contract class actions involving homeowner taxation (represented County of Lake), sewer flood litigation (represented Village of Oak Park), airline ticket overbooking litigation (represented airline) and deep tunnel litigation (represented contractor).

Represented Ford Motor Company in the Ford Explorer/Firestone Tire cases on a multi-state regional basis.

Medical Malpractice/Nursing Home Litigation:
Represented numerous doctors, hospitals and nursing homes in hundreds of cases involving a variety of litigation including delayed cesarean and other birth cases, drug birth defects, failure to diagnose or refer to a specialist in doctor and hospital cases, and with regard to nursing home cases, dicibutous ulcers, burns, assaults (including sexual assaults and beatings), slip and falls, failure of alarms, dehydration, and failure to provide adequate therapy/exercise/treatment/referral to doctor causing deterioration pursuant to the Nursing Home Care Reform Act.


Peterson v. Goodyear Tire & Rubber Co., Cir. Ct. Cook Co., Illinois. Represented Goodyear Tire, opposing counsel Charles A. Boyle. Product liability suit seeking $21M in damages for quadriplegia allegedly as a result of a defective tire which resulted in a tread separation and a single vehicle rollover. The verdict was in favor of Goodyear Tire. (This case was cited by The National Law Journal as one of the nation's Outstanding Defense Verdicts in the U.S.)

Ford Explorer Litigation. Represent Ford Motor Company in dozens of Ford Explorer cases involving tread separations of Firestone tires. The cases we are handling are pending in federal and state courts in Illinois, Indiana, Iowa, Virginia, Pennsylvania, and Florida.

Atwood v. Milwaukee Solvents, Cir. Ct. McHenry Co., Illinois. Represented Milwaukee Solvents, opposing counsel Leonard Ring. Product liability/toxic tort class action and mass tort case seeking $100M in damages for the alleged contamination of the underground water supply of a subdivision due to the alleged defective manufacture and supply of TCE. Nuisance value settlements of $2,500 to $3,500 per plaintiff.

Brown v. Titanium Metals Corporation of America (Timet), Illinois State and Federal District Courts sitting in Illinois, as well as various other courts throughout the country. Represented Titanium Metals Corporation of America (Timet), opposing counsel Phillip H. Corboy. Product liability mass tort involving United Airlines Sioux City, Iowa crash resulting in over 100 deaths and numerous other injuries. Timet allegedly manufactured/supplied a defective titanium ingot which eventually resulted in metal fatigue of a part in an engine which caused the crash. United Airlines, McDonnell Douglas and General Electric settled with no payment by Timet.

Hyatt Hotel v. Rose Acre Farms, Cir. Ct. Cook Co., Illinois. Represented Rose Acre Farms, opposing counsel Baker & McKenzie. Class action product liability and breach of warranty involving 2,000 people who became ill at a Hyatt convention allegedly caused by salmonella in eggs supplied by our client, Rose Acre Farms. Hyatt settled the 2,000 claims for $11.4M and sought contribution. Judgment entered against Rose Acre for 20% of Hyatt's damages.

Vasilion v. Hapag-Lloyd, Three I Truck Lines, Cir. Ct. Cook Co., Illinois. Represented Three I Truck Lines, opposing counsel Corboy & Demetrio. Assumed case two weeks before trial on behalf of Three I Truck Lines, illegal transporter of a container on a Chicago expressway that hit overpass and was torn from the trailer bed, rendering the primary plaintiff severely brain damaged. Three I admitted fault, case tried to allocate fault among defendants, with verdict of $39.5M. Jury determination of only 55% of the allocated fault against our client, with 20% (loader) and 25% (owner). Settled for $19M (less than 50% of verdict).

All Printing Resources v. Goodyear Tire & Rubber Co., U.S.D.C., N.D., Illinois. Represented Goodyear, opposing counsel David Axelrod. Alleged fraud and promissory estoppel action against Goodyear by a distributor of Goodyear's flexographic manufactured goods. Claimed damages in excess of $3M. Case settled for nuisance value of $35,000 on the courthouse steps.

Kantor v. Ford Motor Company, Fed. Dist. Ct., Indiana. Represented Ford Motor Company, opposing counsel Kenneth J. Allen & Associates. The plaintiff suffered multiple back and facial fractures, and allegedly contracted hepatitis C as a result of an allegedly defective airbag in a severe side impact. Case dismissed during trial after the plaintiff's experts were barred pursuant to motions we filed, including a Daubert motion.

Wolf v. Susk Imports, Cir. Ct. of Cook Co., Illinois. Represented plaintiff in breach of contract and fraud case against tenant of commercial real estate used as a car dealership for damages caused by environmental pollution of property. Result was a $493,000 judgment plus interest on behalf of our client.

EEOC v. Vicorp Restaurants, Inc., U.S.D.C., N.D., Illinois. Represented Vicorp Restaurants, opposing counsel Mary Manzo. EEOC filed Title VII sexual harassment claims on behalf of numerous females employed by Vicorp Restaurants in Illinois. Case settled on the courthouse steps for a confidential amount.

Holmes v. Goodyear Tire & Rubber Co., U.S.D.C., N.D, Illinois. Represented Goodyear, opposing counsel Charles Falkenberg. Plaintiff, 37, was permanently disabled when injured during the unloading process of a tractor trailer which was loaded by Goodyear with Goodyear tires. Verdict returned in favor of Goodyear.

McAndrew v. Goodyear Tire & Rubber Co., Cir. Ct. Cook Co., Illinois. Represented Goodyear in an alleged intentional interference with a manager's employment contract and intentional infliction of emotional distress claim. The case settled for nuisance value on the courthouse steps for $2,500.

Coastal Corporation (now El Paso Corporation) v. Midwest Gas Storage, Cir. Ct. Cook Co., IL. Represented Coastal Corporation as a plaintiff, opposing counsel Peter King. Breach of contract action. Midwest was a customer of Coastal who contracted to purchase about $500,000 in natural gas from Coastal. Midwest was unable to recover the gas in the gas storage field and therefore failed to pay for the gas. Judgment was obtained in the amount of $501,865.32 on behalf of Coastal.

IGL v. Coastal Mart, Inc., Cir. Ct. Will Co., Illinois. Represented Coastal Corporation and Coastal Mart, Inc., opposing counsel Richard Linden. Defended an alleged fraud and breach of contract of exclusive sales agreement for supply of frozen carbonated beverages in Coastal Mart mini-stores throughout the United States. Claimed damages were multimillions of dollars. The case settled on the courthouse steps for a nuisance amount of $50,000.

Scheldt v. Terminix, Champaign Co., Illinois. Represented Terminix, opposing counsel Londrigan, Potter & Randle. Product liability/toxic tort case for alleged improper application of Dursban allegedly causing two plaintiffs to suffer multiple chemical sensitivity syndrome. Result: not guilty.

Zimmer v. Nadj, Cir. Ct. Cook Co., Illinois. Represented landlord defendants, opposing counsel Stuart M. Kessler. Landlords sued by decedent's estate as a result of the shotgun death of a 14 year-old boy, killed accidentally by defendants' grandson. The grandparents left an unlocked shotgun on the premises with ammunition. Verdict of $2.5M in favor of plaintiff vacated during post-trial motions, settled for $300,000.

Largosa v. Ford Motor Company, Cir. Ct. Cook Co., Illinois. Represented Ford Motor Company, opposing counsel Biestek & Stelk. Product liability suit alleging defects in manufacture and design of seat belt and seat backs, allegedly resulting in severe internal injuries. Case dismissed on motion based on spoliation of evidence by plaintiff.

Estate of Sam Angeletti v. Cherne Industries, Inc. , Cir. Ct. DuPage Co., Illinois. Represented Cherne Industries, opposing counsel Allen D. Katz. Product liability suit against manufacturer of sewer plug which allegedly became dislodged because of defective design and manufacture causing the plaintiff's decedent to drown in sewer water. Verdict for Cherne Industries.

Moretti v. Sunnyside Corporation, Cir. Ct. Cook Co., Illinois. Represented Sunnyside Corporation, opposing counsel Corey E. Meyer. Product liability suit alleging inadequate warnings on a can of kerosene manufactured by Sunnyside resulting in an explosion and severe burns to the plaintiff. Settlement of $315,000 on behalf of Sunnyside.

Various Plaintiffs v. Liquid Carbonic Corporation (now Praxair, Inc.), venues included Texas, DuPage and Cook Counties, Illinois. Represented Liquid Carbonic. Product liability/toxic tort suits for alleged brain damage and neurological damage allegedly caused by inadequate warnings and defectively designed tanks of ethylene oxide. Nuisance settlements in Texas, summary judgment obtained in DuPage County, IL, summary judgment dismissals in Cook County, IL.

Estate of Tomlanivich, et al. v. Atlantic Richfield Company , Cir. Ct. Madison Co., Illinois. Represented Atlantic Richfield Company, opposing counsel Bono Law Firm. Product liability/premises asbestos/mass tort cases for allegedly failing to warn workers at a petroleum refinery of the alleged known dangers of asbestos. Global settlement for varying amounts for different types of cancer/injuries.

U.S. Army Corps of Engineers v. Tao & Associates, Contract Board of Appeals, Washington D.C. Represented Tao & Associates, opposing counsel U.S. Army Corps of Engineers Military Counsel. Breach of contract suit against architect/prime contractors of a computer building at the Scott Air Force Based in Southern Illinois. Allegedly the roof leaked and caused water damage to the base's computer equipment. Tao & Associates paid nothing.

Khan v. Vicorp Restaurants, Inc., U.S.D.C., N.D., Indiana. Represented Vicorp Restaurants, opposing counsel Fern N. Trevino. Title VII case. Plaintiff claimed he was denied promotion to position of area manager based upon his national origin. Case settled for nominal amount subject to confidentiality agreement after discovery revealed justified business reasons for plaintiff's demotion.

Rude v. Vicorp Restaurants, Inc., Cir. Ct. Cook Co., Illinois. Represented Vicorp Restaurants, opposing counsel Lisa Kane. Plaintiff was fired from her general manager's position at Baker's Square restaurant due to failure to meet sanitation goals. Plaintiff claimed Title VII sexual discrimination based on selective enforcement of sanitation policy. Case settled for a nominal amount subject to confidentiality agreement.

Williams v. Illinois Central Gulf Railroad, Cir. Ct. Cook Co., Illinois. Represented Illinois Central Gulf Railroad, opposing counsel Nicholas Motherway. Federal Employee Liability Act claims against railroad for work related injuries seeking damages in excess of $1M for 38 year old plaintiff who allegedly suffered permanent injuries rendering him unemployable. Verdict in favor of plaintiff for $100,000 which was less than 10% of the amount sought by plaintiff.

Williams v. Fishy Things, Inc., U.S.D.C., N.D., Illinois. Represented Fishy Things, opposing counsel Ernest Rossiello. Sued for alleged sexual harassment by the founder of the company. Verdict for Fishy Things.

Central States Pension Fund v. Bud Distributing, Inc., U.S.D.C., N.D., Illinois. Represented Bud Distributing, opposing counsel Patrick J. Connor. Suit alleging breach of a union contract and fraud for failure to properly fund pension fund of union employees. Case dismissed in Federal Court pursuant to arbitration agreement. Case settled for approximately 60% of claimed shortfall.

Wahba v. IBM et al., Cook County, Illinois. Represented International Business Machines in a case regarding loss of profits and business contacts as a result of a fire due to an allegedly faulty computer.

Johnson v. Avco/Textron/Lycoming et al., U.S.D.C., E.D., Missouri. Successfully removed the case to federal court even though there is a resident defendant who is not yet served with summons.

Forsythe v. John C. Fournier, re: Non-Compete Agreement – no suit filed.

Forsythe v. Wayne Snyder et al., Circuit Court of Cook County, Chancery Division, Illinois.

Gaskin v. Sharp Electronics, U.S.D.C., N.D., Indiana. Represented Sharp Electronics in a case where in a Daubert hearing we successfully barred the plaintiffs’ expert from testifying.

Thomas H. Neuckranz

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