Ailey v. Northwestern Memorial Hospital — Circuit Court of Cook County, Ill.
Won medical malpractice suit for defendant hospital. Plaintiff alleged brain injury to newborn during forceps delivery. (Selected by The National Law Journal as one of the "Outstanding Defense Verdicts" in the United States).
Bausch & Lomb, Inc./Renu with Moistureloc Product Liability Litigation — Various state and federal courts in Illinois
Successfully resolved product liability lawsuits against Bausch & Lomb, Inc. and Walgreen Co. involving contact lens solution. Plaintiffs alleged contamination caused adverse health effects.
Cartwright v. Goodyear Tire Company — Circuit Court of Cook County, Ill.
Successfully resolved product liability tire separation case brought against client Goodyear. Case previously tried by different defense counsel, resulting in $12 million verdict that was overturned on appeal.
Central Illinois Light Co. v. Freeman United Coal Co. — Arbitration, Chicago, Ill.
Won breach of contract suit on behalf of Central Illinois Light Co. Plaintiff sought damages and termination in connection with a long-term coal supply agreement.
Estate of Cody Quimby, minor v. Sears, Roebuck and Co. — U.S. District Court, District of Arizona
Obtained defense verdict in product liability lawsuit against Sears involving above-ground pool manufactured and sold by Sears. Plaintiff alleged defective design resulted in serious personal injuries to 15-year-old who dove into the pool.
General Electric Welding Rod Litigation — State courts in Illinois, Indiana, Ohio and Wisconsin
Obtained dismissal for client General Electric of individual and class action lawsuits throughout the United States involving product liability and conspiracy claims based on alleged defective welding products.
James M. McKevitt, et al. v. The Chicago Athletic Association, et al. — U.S. Bankruptcy Court, Northern District of Illinois, Eastern Division
Settled class action lawsuit on behalf of plaintiffs against officers of Chicago Athletic Association for breach of fiduciary duty.
Lister v. Bill Kelley Athletic, Inc. — Circuit Court of DuPage County, Ill.
Obtained defense verdict in a product liability lawsuit against Bill Kelley Athletic, Inc. involving football helmet manufactured by defendant. Plaintiff alleged defective design and failure to warn after sustaining serious personal injuries when making a tackle during a high school football game. Case cited by The National Law Journal as one of the "Outstanding Defense Verdicts" in the United States.
Montgomery, et al. v. Aetna Plywood, et al. — U.S. District Court, Northern District of Illinois
Beneficiaries of ESOP Trust brought lawsuit against corporation and its ESOP trustees for breach of fiduciary duties and ERISA violations. Verdict for client trustees after trial
Polsky v. Indeck Energy Service, Inc. — Circuit Court of Cook County, Ill. (1994)
Obtained reversal of $17 million of a $24 million arbitration award against client in breach of employment and stock agreements lawsuit.
Prudential Plaza Associates v. Turner Construction Company — Circuit Court of Cook County, Ill.
Won $9 million breach of contract and promissory fraud counterclaim for defendant Turner Construction. Plaintiff originally sought $37 million in delay and remedial damages arising out of the construction of Two Prudential Plaza. (Selected by The National Law Journal as one of the "Outstanding Defense Verdicts" in the United States).
Rachel Barton v. Northeast Illinois Regional Commuter Authority (METRA) and Union Pacific Railroad Co. — Circuit Court of Cook County, Ill.
Represented defendants Metra and Union Pacific in a highly publicized lawsuit brought by celebrity violinist Rachel Barton. Plaintiff sustained serious personal injuries when she was caught in door and dragged by commuter train.
Sean Mason ex. rel. United States v. Medline, Inc. and the Medline Foundation — U.S. District Court, Northern District of Illinois
Secured $85 million recovery on behalf of the U.S. government representing qui tam plaintiff after the United States declined to intervene. Lawsuit brought against Medline for its national practice of securing contracts by providing kickbacks to medical care facilities using complex methods that made it impossible for providers to accurately report savings to the government in accordance with applicable regulations. Case settled after discovery for $85 million plus attorney's fees.
Sears Roebuck and Co. v. Duke-Weeks Realty Limited Partnership, et al. — Circuit Court of Will County, Ill.
Settled multimillion-dollar lawsuit brought against owner by tenant involving a large midwest distribution warehouse used by Sears. Tenant alleged roof collapse was caused by faulty construction, design and failure to maintain. Settlement obtained from contractor and subcontractors, resulting in no payment by client owner.
Smith as Bankruptcy Plan Trustee for Estate of Boston Chicken, Inc. v. Arthur Andersen, et al. — U.S. District Court, District Court of Arizona
Represented individual director and member of audit committee of Boston Chicken, Inc. in suit against breach of fiduciary duty claims arising out of the Boston Chicken bankruptcy. Settled after extensive discovery and while summary judgment motions were pending.
Smith v. Black & Decker — Circuit Court of Will County, Ill.
Obtained a defense verdict in a product liability lawsuit against Black & Decker involving a power saw manufactured by defendant. Plaintiff alleged the defective design resulted in accident that caused serious personal injuries. Case cited by The National Law Journal as one of the "Outstanding Defense Verdicts" in the United States.
United States of America v. International Paper Company, et al. — U.S. District Court, Southern District of Texas
Won criminal antitrust case on behalf of Weyerhaeuser employee alleging national conspiracy to fix prices in the corrugated box industry in violation of the Sherman Act. At the time, was the largest criminal antitrust suit brought by the U.S. government against a single industry.
Vancom v. Zurich American Insurance Company — U.S. District Court, District of Nevada
Settled lawsuit on behalf of defendant Zurich in suit brought by insured claiming insurance bad faith and breach of contract. Case arose out of a $26 million excess verdict against Zurich's insured.
Whirlpool Corporation v. Sensata Technologies, Inc. and Texas Instruments Inc. — Circuit Court of Cook County, Ill.
Represented consumer products manufacturer in product liability lawsuit brought against supplier to recover damages caused by recall of 1.8 million refrigerators. Supplier manufactured start relay connected to compressor. Successfully resolved on eve of trial.
Yoder v. Roundy's Inc. — Circuit Court of Cook County, Ill.
Defended Roundy's, Inc. in lawsuit seeking $110 million in damages for multiple catastrophic injuries and a death resulting from a 15-car pile-up on Interstate 90 in Chicago. Verdict of $10.3 million against Roundy's was one-half of the lowest pretrial demand.