Legend
(A) = Court agreed with position
taken (A*)
= Matter of first impression at least in part (B) = Court disagreed with position
taken
South Chicago Community Hospital v. Industrial Commission
44 Ill. 2d 119 (1969); 254 N.E. 2d 448 (Ill. 1969) (A*)
Parties Represented:
Plaintiff families of victims of Richard Speck nurse murders and
survivor of same.
Illinois Supreme Court affirmed action taken by Circuit Court of Cook
County denying petition for writ of mandamus and original petition for writ of
certiorari from Industrial Commission, which placed claims of families of two
exchange nurses murdered by Richard Speck in 1966 on “common law calendar” so
as to allow claims for wrongful death and personal injuries prior to death
filed at common law in Circuit Court to proceed prior to Industrial Commission
action. Employer hospital saw to
admit liability for workers compensation benefits to families of deceased
exchanged nurses (carrying statutory reduction to 50% of benefits payable to
survivors of U.S. workers) so as to avoid common law liability for
negligence.
Naylor v.
Gronkowski 9 Ill. App.
3d 302 (1972); 292 N.E.2d 227 (Ill. App. 1st Dist. 2d Div. 1972) (A)
Party Represented: Garrett Stewart,
injured bar patron.
Appellate
Court affirmed jury verdict in favor of plaintiff against dram shop arising out
of attack on plaintiff by intoxicated person.
Marcus v.
Marcus 24 Ill. App.
3d 401 (1974); 320 N.E.2d 581 (Ill. App. 1st Dist. 1st Div. 1974
Party Represented: Wife, mother of minor
child.
Illinois
Appellate Court examined and expanded factors to be taken into consideration in
connection with “best interests for the child” rule in child custody dispute
and expanded “best interests” rule to “child of tender years” doctrine. (B)
Nowakowski
v. Hoppe Tire Company 39 Ill. App.
3d 155 (1976); 349 N.E.2d 578 (Ill. App. 1st Dist. 3d Div. 1976) (A*)
Party Represented: Stanley Nowakowski,
injured plaintiff.
Appellate
Court affirmed jury verdict obtained on strict product liability theory
involving injury caused by exploding truck tire assembly consisting of used
parts, and Appellate Court also affirmed use of “lay expert” testimony in
support of verdict. Plaintiff was
severely injured when mounting “junk tire” assembly on the semi tractor being
prepared for delivery to new purchaser.
Zalduendo
v. Zalduendo 45 Ill. App.
3d 849 (1977); 360 N.E.2d 386 (Ill. App. 1st Dist. 5th Div. 1977) (A*)
Party Represented: Ex-wife seeking
support under foreign decree (Cuba)
Circuit Court affirmed decision for client exercising “plenary chancery”
jurisdiction over claims for enforcement of child support rights arising out of
divorce entered in the courts of Cuba.
The Dow
Chemical Company v. Dr. James R. Allen, et al. 672 F. 2d
1262 (7th Cir. 1982) (A*)
Parties Represented: Dr. James R. Allen, et al., University of Wisconsin
researchers.
Dow
Chemical Company attempted to subpoena raw data underlying University of
Wisconsin researchers’ dioxin toxicity studies prior to publication of any peer
reviewed results of on-going experimentation with rhesus monkeys. District Court in Wisconsin agreed with
researchers Motion to Quash Subpoenas on theories that raw data
constitutionally protected property of researchers. Seventh Circuit affirmed.
Parties Represented: Vietnam veterans and families as plaintiffs nationwide.
Decisions
Michael
F. Ryan, et al. v. Dow Chemical Co., et al. v. United States of America 745
F. 2d 161 (2d Cir. 1984)
In
re “Agent Orange” Product Liability Litigation (Appeal of Attorneys’ Fee Awards)
No. 1097, Dockets 85-6305 et al.
818
F. 2d 226 (2d Cir. 1987) (B)
Philip
J. Aguilar, et al. v. United States of America, et al.
Nos. 1077, 1078, 1079, Dockets 85-6091, 85-6093, 85-6095
818
F. 2d 194 (2d Cir. 1987) (A*)
In
re “Agent Orange” Product Liability Litigation MDL No. 381
No. 1140, et al., Dockets 84-6273, et al.
818
F. 2d 145 (2d Cir. 1987) (A*)
Second Circuit Court of Appeals Briefs
No.
85-6347
Brief
of Appellant Stephen J. Schlegel, Ltd.
No.
85-6347
Reply
Brief of Appellant Stephen J. Schlegel, Ltd.
Re:
Fees
United States Supreme Court of Appeals
Briefs
Pinkney,
et al. v. Dow Chemical Co., et al.
No. 87-437
Brief of A.O.P.M.C. in Opposition to
Petition for a Writ of Certiorari to the United States Court of Appeals for the
Second Circuit
Re: Fairness of Settlement
Decision: United States Supreme Court
denied petition for writ of certiorari (A*)
Krupkin, et al. v. Dow Chemical Co.,
et al.
No. 87-620
Brief of A.O.P.M.C. in Opposition to
Petition for a Writ of Certiorari to the United States Court of Appeals for the
Second Circuit
Re: Fairness of Settlement
Decision: United States Supreme Court
denied petition for writ of certiorari (A*)
No. 87-620
Respondents Plaintiff Class’ Motion for
Expedited Disposition of Petition for Writ of Certiorari
Decision: United States Supreme Court
denied motion to expedite consideration of petition for a writ of certiorari (B)
Arkwright
Mutual Insurance Company v. National Union Fire Insurance Co. of Pittsburgh, PA 771 F. Supp
149 (S.D. W. Va 1991) (B)
District Court denied production request upon finding of work product
privilege. Party represented was
National Union Fire Insurance Company of Pittsburgh, Pennsylvania. Reinsurer resisting claim of reinsured
property carrier to toxic contamination alleged due to fire; Reinsurer position
that contamination preexisted fire.
National
Union Fire Insurance Company of Pittsburgh, PA v. Murray Sheet Metal Company,
Inc. 967 F. 2d
980 (4th Cir. 1992) (A)
Successful compulsion of production of documents from non-party
renovator of damaged property. Party represented was National Union Fire
Insurance Company of Pittsburgh, Pennsylvania.
Arkwright
Mutual Insurance Company v. National Union Fire Insurance Co. of Pennsylvania
148 F.R.D.
552 (S.D. W. Va 1993) (A)
Reinsurer successfully compelled production of allegedly privileged
materials upon showing of substantial need. Party represented was National Union Fire Insurance Company
of Pennsylvania.
James
Jasper v. Chicago National League Ball Club, Inc. 309 Ill.
App. 3d 124 (1999); 722 N.E. 2d731 (Ill. App. 1st Dist. 3d Div. 1999) (B)
Party represented was James Jasper, plaintiff-appellant, struck by ball
hit foul at Chicago Cubs baseball game.
Court denied claim and affirmed constitutionality of “Baseball Act” 745
ILCS 38/10 granting immunity to owners of baseball clubs and parks for negligence
in design of width or height of protective netting.
Tina Asmus and Kevin Asmus v. Mac’s Convenience Stores, etc., et. al. (7th Cir. 2010)
Parties Represented: Injured female
plaintiff and spouse.
Injured
plaintiff fell on “glare” ice in convenience store parking lot near entrance.
Court of Appeals affirmed judgments for defendants.
