Appellate

Williams Montgomery & John Ltd. maintains a highly skilled appellate practice group to protect our clients' trial court victories and work to overturn unfavorable rulings. We often are retained to appeal lawsuits that were tried by counsel at other law firms.

Our appellate attorneys have briefed and argued dozens of cases in state and federal appellate courts throughout the United States. Our appellate attorneys work closely with the firm's trial lawyers to assist with motions in limine, instructions conferences and briefing of critical motions. We also are called upon to draft amicus briefs to advocate the interests of the firm's clients. A persuasive brief from an amicus can affect an appellate court's resolution of novel or particularly significant legal issues.

The firm's appellate advocacy on behalf of clients has resulted in more than 300 reported opinions, many of which involve significant legal issues of first impression. As illustrated by the representative matters listed below, our attorneys have experience with appeals involving a wide range of legal issues, including contract and commercial disputes, product, general and professional liability, insurance coverage, employment law and civil rights.

Our appellate practitioners have represented clients before state appellate and supreme courts in California, Florida, Illinois, Iowa, Maryland, Missouri, Montana, Ohio, Tennessee and Wisconsin; the U.S. Court of Appeals for the Second, Third, Fourth, Sixth, Seventh, Eighth, Ninth, Tenth, Eleventh and Federal Circuits; and the United States Supreme Court.

Williams Montgomery & John's appellate practice is led by partner Alyssa Reiter, who has been the lead attorney in dozens of reported decisions involving a range of issues, including secured transactions, trial error, privilege, evidence, civil procedure and tort law. Ms. Reiter has been selected by her peers for inclusion in Illinois Leading Lawyers for civil appeals. She is the co-author of a chapter on "Motions for Summary Judgment and Appeals" in the Illinois Institute for Continuing Legal Education's Product Liability Practice Handbook and is a regular contributor to the Illinois State Bar Association's "Quick Takes" column reporting on Illinois Supreme Court decisions.

For more information about the firm's appellate practice, please contact Ms. Reiter at 312.855.4879 or amr@willmont.com.

Partners Practicing in this Area

• David L. Applegate
• Christina D. Harrison
• Thomas C. Koessl
• Alyssa M. Reiter

Related News

• Alyssa Reiter was Elected to the Board of Directors of the Illinois Appellate Lawyers Association
  

Representative Matters

• AAR Aircraft & Engine Group, Inc. v. Edwards
  272 F.3d 468 (7th Cir. 2001)
  Secured reversal of adverse trial court decision in secured transaction lawsuit involving client's personal guarantee of $1.3 million sale of aircraft engine. Although defendant had signed "unconditional" guarantee, he had not waived commercially reasonable disposition of collateral securing sale. Seventh Circuit rejected adverse decisions within this circuit and followed case law favorable to client.
• Alcala v. Emhart Industries, Inc.
  495 F.3d 360 (7th Cir. 2007)
  Affirmed jury verdict for defendant manufacturing client in lawsuit brought by a machine operator who sustained serious personal injuries. Issues on appeal involved sufficiency of jury voir dire and whether jury instructions, particularly regarding negligence and duty, were proper.
  
• Baltzell v. R & R Trucking Co.
  554 F.3d 1124 (7th Cir. 2009)
  Won appeal before Seventh Circuit vacating multimillion-dollar contribution judgment against employer. Trial court had denied third-party defendant/employer's motion to waive its workers' compensation lien and motion to dismiss third-party contribution claims of direct defendants, and entered contribution judgment against employer. Seventh Circuit ruled that, on remand, employer could waive its workers' compensation lien and that, after such a waiver, contribution verdict against employer must be dismissed.
  
• Conn. Specialty Ins. Co. v. Loop Paper Recycling
  824 N.E.2d 1125 (Ill. App. 2005)
  Affirmed summary judgment for Connecticut Specialty, upholding pollution exclusions in CGL policy. Result protected client from defending or indemnifying class action toxic tort lawsuit.
• Dumas v. Infinity Broadcasting Corp.
  416 F.3d 671 (7th Cir. 2005)
  Affirmed summary judgment for Chicago radio station owner in lawsuit brought by radio personality alleging breach of contract and promissory estoppel.
• Ferguson v. Roberts
  

  11 F.3d 696 (7th Cir. 1993)
  Affirmed judgment for defendant attorneys in securities fraud litigation involving alleged scheme to defraud real estate investors.

• Guerino v. Depot Place Partnership
  191 Ill.2d 314, 730 N.E.2d 1094 (2000)
  Illinois Supreme Court held that third-party defendant, who had not paid more than its pro-rata share, could not recover from other potential tortfeasors. This was an issue of first impression in the area of contribution among joint tortfeasors.
• Household Inter., Inc. v. Liberty Mut. Ins. Co.
  749 N.E.2d 1 (Ill. App. 2001)
  Affirmed summary judgment for client based upon insured's violation of late notice condition of CGL policy in environmental coverage case.
• Imo Industries, Inc. v. Siemens DeMag Delaval Turbomachinery
  888 A.2d 231 (Del. Sup. 2005)
  Affirmed summary judgment for defendants Mannesmann Corporation and DeMag Delaval Turbomachinery on counterclaim for contractual indemnity of asbestos claims under an asset purchase agreement.
• Jackson v. Illinois Medi-Car, Inc.
  300 F.3d 760 (7th Cir. 2002)
  Affirmed summary judgment for clients on Section 1983 action based on plaintiff's claim that defendants deprived him of medical care during his transport to police station after his arrest.
• Janikowski v. Lynch Motor Group
  

  210 F.3d 765 (7th Cir. 2000)
  Won affirmance of summary judgment for defendant in class action alleging violation of the Truth in Lending Act (TILA) and consumer fraud based on auto dealer's credit sales practice.

• Mesman v. Crane Pro Services
  512 F.3d 352 (7th Cir. 2008)
  Affirmed defense verdict in product liability lawsuit involving plaintiff who had sustained serious personal injuries. Decision followed remand from multimillion-dollar plaintiff's verdict when case was tried by different defense firm.
  
• Old Republic Insurance Co. v. Employer's Reinsurance Co.
  144 F.3d 1077 (7th Cir. 1998)
  Affirmed judgment for client Employer's Reinsurance in dispute relating to large, complex insurance program.
• Progressive Universal Ins. Co. of Ill. v. Liberty Mut. Fire Ins. Co.
  

  828 N.E.2d 1175 (Ill. 2005)
  Obtained Illinois Supreme Court decision affirming summary judgment for and reversing adverse appellate court opinion against client Progressive. Court upheld food-delivery-for-a-fee exclusion in Progressive's automobile policy. Court rejected appellee's contention that because of Illinois' mandatory automobile insurance scheme, no exclusions in automobile liability policies may be enforced without legislative authority.

• Riemer v. KSL Recreation Corp.
  Secured reversal of adverse trial court order holding that court could exercise personal jurisdiction over parent company that had no connection with Illinois other than stationing an employee of a subsidiary in the State of Illinois.
• Santiago v. E.W. Bliss Co.
  Santiago v. E.W. Bliss Co., 941 N.E.2d 275 (Ill. App. 2010)
  Persuaded appellate court to reverse trial court and dismiss lawsuit that had been filed by plaintiff using a false name.
• Taurus Holdings, Inc. v. U.S.F.&G.
  913 So.2d 528 (Fla. 2005)
  Eleventh Circuit certified to Florida Supreme Court the question of whether there was coverage under CGL policies for lawsuits brought by municipalities against a gun manufacturer to recover costs of medical services incurred as a result of gun violence. Florida Supreme Court found that damages sought "arise out of" the use of guns and thus are excluded from coverage under the products-completed operations hazard exclusions.
  
• U.S. Bank Nat. Ass'n v. Clark
  216 Ill.2d 334 (Ill. 2005)
  Prevailed in Illinois Supreme Court over mortgagors and Illinois Attorney General on issue of whether mortgagee violated Illinois Interest Act. Persuaded Court that Illinois statute had been preempted by Federal Depository Institutions Deregulation and Monetary Control Act.
• United National v. Entertainment Group
  945 F.2d 210 (7th Cir. 1991)
  Affirmed summary judgment for plaintiff in declaratory judgment action against theatre owner in negligence lawsuit alleging that minor customer was sexually assaulted in theatre.
• United States Fire Ins. Co. v. Zurich Ins. Co.
  768 N.E.2d 288 (Ill. App. 2002)
  Won affirmance of dismissal and summary resolution for primary insurer Zurich in insurance coverage lawsuit brought by excess insurer. Plaintiff claimed liability against Zurich for failure to make timely offer of its policy limits in multimillion-dollar settlement of building defect case.
• Wakehouse v. Goodyear Tire & Rubber Co.
  818 N.E.2d 1269 (Ill. App. 2004)
  Secured reversal of adverse trial court order on interlocutory appeal. Appellate Court held, in an issue it deemed of "first impression," that dismissal of a case filed in one county in Illinois on the grounds that interstate forum non conveniens precluded plaintiff from re-filing suit in any other county in Illinois.