Professional Liability

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The trial attorneys of Williams Montgomery & John are known for their vigilant and effective defense of professionals facing malpractice and misfeasance actions.

For more than three decades, we have been the go-to firm for hundreds of lawyers, accountants, architects, engineers, insurance brokers and agents, real estate professionals, and doctors and other health care workers. Our professional liability practice also extends to errors and omissions claims against corporate officers and directors, trustees, clergy and reinsurance intermediaries. In addition, we provide insurance coverage analysis for professional liability claims.

Our attorneys have represented law firms throughout the country in malpractice cases involving patents, securities fraud, conspiracy, RICO, lender liability, medical malpractice, wrongful death and a host of other issues. We have represented individual accountants, "Big 4" accounting firms, many large regional firms and many of the largest accounting firms in Chicago in state and federal courts across the United States, as well as before many state licensing and accounting boards, the American Institute of CPAs and the Securities and Exchange Commission.

Williams Montgomery & John has represented doctors, nurses and hospitals in hundreds of medical malpractice cases involving a variety of issues, including delayed cesarean, birth defects caused by drugs, failure to diagnose and failure to refer to a specialist. Our professional liability experience also includes the defense of insurance agents and brokers in lawsuits alleging fraud and misrepresentation; the defense of engineers and architects against claims of professional negligence; and the defense of real estate professionals in malpractice actions and in disciplinary proceedings before the Illinois Department of Financial and Professional Regulation.

As examples of professional liability matters the firm has handled for clients, our attorneys have:

  • Won a defense verdict for an obstetrician in a medical malpractice case alleging misdiagnosis of a placental abruption resulting in severe cerebral palsy. This decision was selected by The National Law Journal as one of the Top 10 "Outstanding Defense Verdicts" in the United States.
  • Won summary judgment on case within the case for a law firm after law firm's failure to file suit within statute of limitations.
  • Achieved dismissal of structural engineering firm Werner Sobek from a multimillion-dollar professional negligence lawsuit brought by the City of Chicago involving the remodeling of terminals one and two at O'Hare Airport.
  • 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.
  • Won a $13 million jury verdict for the governing board of the City Colleges of Chicago in an audit malpractice lawsuit against PricewaterhouseCoopers, L.L.P, believed to be the largest reported audit malpractice jury verdict in Illinois.

A more descriptive list of representative matters can be found by clicking on the "Representative Matters" link above.

The firm's professional liability practice is led by partner Peter John, a Fellow of both the American College of Trial Lawyers and the International Society of Barristers, who has been listed in Best Lawyers in America for business litigation since 1995. Several of the other partners in this practice group have been selected by their peers for inclusion in Best Lawyers in America, Illinois Leading Lawyers and Illinois Super Lawyers for professional malpractice defense or medical malpractice defense.

For more information about the firm's professional liability practice, please contact Mr. John at 312.443.3210 or pcj@willmont.com.

 

Representative Matters

  • Ailey v. Northwestern Memorial Hospital
    Circuit Court of Cook County, Ill.
    Won verdict for defendant hospital in medical malpractice lawsuit alleging brain injury to newborn during forceps delivery. Case cited by The National Law Journal as one of the "Outstanding Defense Verdicts" in the United States.
  • Angrand v. Key
    657 So. 2d 1146 (Fla. 1995)
    Secured reversal of substantial judgment in wrongful death medical malpractice lawsuit based on trial court's admission of expert testimony on grief.
  • Bass v. Katten Muchin Zavis Rosenman, et al.

    Circuit Court of Cook County, Ill.
    Currently defending law firm against claims client failed to revoke a prior trust unknown to law firm since client failed to reveal his assets were in a prior trust. Case in discovery.

  • Board of Trustees of Community College District No. 508, County of Cook, State of Illinois v. PricewaterhouseCoopers L.L.P.
    Circuit Court of Cook County, Ill., Illinois Appellate Court and Illinois Supreme Court
    Won $13 million jury verdict for the governing board of the City Colleges of Chicago in audit malpractice lawsuit against PricewaterhouseCoopers, L.L.P and another auditor. Judgment affirmed by Illinois Appellate Court and Illinois Supreme Court.
  • Bohar v. Eich & Thompson, Inc.
    California Superior Court
    Achieved dismissal of legal malpractice and fraud lawsuit brought by disgruntled oil and gas investors who lost significant amounts of money in speculative investments.
  • Chestnut Corp. v. Pestine, Brinati and Gamer
    Circuit Court of Cook County, Ill.
    Defended accounting firm in first reported case involving the Illinois Accountant Privity Act. Plaintiff alleged negligent misrepresentation.
  • City of Chicago v. Werner Sobek
    Circuit Court of Cook County, Ill.
    Obtained dismissal of commercial lawsuit against structural engineering firm Werner Sobek arising from renovation of the domestic terminals at O'Hare Airport. Plaintiff alleged breach of contract and negligent misrepresentation and sought millions in damages for remediation of faulty welds.
  • City of Dubuque, Iowa v. Davis, Hockenberg
    U.S. District Court, Southern District of Iowa
    Obtained favorable settlement on behalf of Iowa's largest law firm in malpractice lawsuit alleging improper drafting of a trust. Case arose from theft by a trust manager of $61 million in assets from the trust.
  • CNA v. Meckler

    Circuit Court of Cook County, Ill.
    Represented defendant in claim for legal malpractice in the defense of plaintiff's insureds. Defendant counterclaimed for $1.5 million in fees owed by plaintiff. Case resolved in mediation.

  • Colfax Envelope v. Detterbeck
    Circuit Court of Cook County, Ill.
    Obtained favorable settlement for plaintiff in accounting malpractice lawsuit arising from discovery of employee embezzlement of nearly $1 million.
  • Confidential Legal Malpractice Matter
    Represented prominent Chicago law firm in malpractice lawsuit arising from advice provided to client regarding securities law claims against an investment banking firm.
  • Consumer Systems Corporation v. Continental Bank, et al.
    Circuit Court of Cook County, Ill.
    Obtained judgment for law firm and attorney defendants in lawsuit involving lender liability and RICO claims for alleged professional negligence and employee dishonesty. Judgment affirmed by 1st District Appellate Court.
  • Duro-Med Industries, et al. v. Bryan Cave

    Arbitration, Kansas City, Mo.
    Obtained settlement for plaintiff Duro-Med in lawsuit alleging defendant attorneys failed to protect patent rights in Japan and Europe.

  • Eiccholz v. Kritsas
    Circuit Court of Cook County, Ill.
    Achieved "not guilty" verdict for defendant in malpractice lawsuit brought by plaintiff who lost function of his left lower extremity due to injury to the femoral nerve during surgery to remove cancerous prostate gland.
  • Estate of Gradman v. Drs. Bernstein and Bailey
    Circuit Court of Cook County, Ill.
    Won defense verdict for two internist defendants in a wrongful death medical malpractice lawsuit alleging improper drug prescription and inadequate management of resulting cardiac arrest. Case ranked No. 1 among the "20 Top Illinois Jury Verdicts" in 1996 by the Chicago Law Bulletin.
  • Estates of Anne and Michelle Cox, Dec. v. Dr. James Smith
    Circuit Court of Cook County, Ill.
    Favorably resolved wrongful death medical malpractice lawsuit against obstetrician alleging negligence in not ordering transfer of plaintiff from Level II to Level III hospital for delivery and post-natal care of her premature twins.
  • Freund Equipment v. Rusing
    Circuit Court of Cook County, Ill.
    Represented insurance agent in lawsuit brought by employer alleging negligent construction of a health insurance plan for its employees.
  • Garcez v. Dr. Fritz Michel
    Circuit Court of Cook County, Ill.
    Achieved verdict for the obstetrician in medical malpractice lawsuit alleging misdiagnosis of placental abruption resulting in severe cerebral palsy. Decision selected by The National Law Journal as a Top 10 "Outstanding Defense Verdict" in the United States.
  • Kristan v. O'Brien

    Circuit Court of Cook County, Ill.
    Won malpractice lawsuit representing defendant's attorney against allegations of failure to prosecute case.

  • LaFlamboy v. RSM McGladrey, Inc.
    Circuit Court of Cook County, Ill.
    Obtained summary judgment for accounting firm in lawsuit alleging negligent tax services.
  • Liberty Mutual v. Ross & Hardies
    (Ill. App. 1st Dist. 2001)
    Handled case of first impression in Illinois involving attorney malpractice claims. Appellate court found insurer had no right of subrogation against its insured's defense counsel.
  • Midwest Imports v. Coval
    71 F.3d 1311 (7th Cir. 1995)
    Obtained appellate decision affirming summary judgment for auditor client in accountant's malpractice lawsuit.
  • Mitchell Bros. v. Warady & Davis
    Circuit Court of Cook County, Ill.
    Favorably resolved lawsuit against accounting firm and its partners alleging failure to detect and report defalcation.
  • Northern Illinois Emergency Physicians v. Sands, et al.
    2005 WL 2298171 (Ill.)
    Argued appeal of attorney malpractice case in which appellate court ruled that indemnity judgment did not constitute proximate cause damages.
  • Petra Financial Advisors v. Baker Tilly Virchow Krause, LLP
    Circuit Court of Hennepin County, Minn.
    Obtained favorable settlement for accounting firm in audit negligence lawsuit arising out of large ponzi scheme.
  • Pippen v. Wineberg & Lewis
    Circuit Court of Cook County, Ill.
    Obtained summary judgment for accounting firm in lawsuit brought by professional basketball player alleging negligence.
  • Stop-N-Go Stores of Madison v. Virchow, Krause & Co.
    Circuit Court of Dane County, Wis.
    Obtained summary judgment for accounting firm in lawsuit alleging negligence in conducting an audit.
  • Tokyo KikaiSeisakusho, Ltd., et al. v. Perkins Coie, et al.

    District of Columbia Superior Court
    Obtained settlement for plaintiff TKS in conflict of interest and malpractice lawsuit against law firm arising from product dumping case that resulted in a $33 million verdict against TKS.

  • White v. Kenneth Warren & Son, et al.
    U.S. District Court, Northern District of Illinois
    Settled lawsuit brought by executors of English estate against appraisers and violin dealers alleging conspiracy to defraud estate out of fair value of fine violins.
  • Wolf & Company v. Cevin
    (Ill. App. 2nd Dist. 1997)
    Obtained appellate decision affirming summary judgment for auditor client in accountant's malpractice lawsuit. Plaintiff sought $21 million in damages.