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 the survivor of same.
Illinois Supreme Court affirmed action taken by Circuit Court of CookCounty 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 Commissionaction. Employer hospital sought to admit liability for workers compensation benefits to families of deceased exchanged nurses (carrying statutory reduction to 50% of benefits payable tosurvivors 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.
AppellateCourt 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 minorchild.
IllinoisAppellate Court examined and expanded factors to be taken into consideration in connection with “best interests for the child” rule in child custody disputeand 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.
AppellateCourt 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 seekingsupport 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 is constitutionally protected property of researchers. Seventh Circuit affirmed.
Parties Represented: Vietnam veterans and families as plaintiffs nationwide.
Decisions
MichaelF. Ryan, et al. v. Dow Chemical Co., et al. v. United States of America 745F. 2d 161 (2d Cir. 1984)
In re “Agent Orange” Product Liability Litigation (Appeal of Attorneys’ Fee Awards) No. 1097, Dockets 85-6305 et al. 818F. 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 818F. 2d 194 (2d Cir. 1987) (A*)
In re “Agent Orange” Product Liability Litigation MDL No. 381No. 1140, et al., Dockets 84-6273, et al. 818F. 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. 87-437Brief of A.O.P.M.C. in Opposition toPetition for a Writ of Certiorari to the United States Court of Appeals for theSecond Circuit Re: Fairness of Settlement Decision: United States Supreme Courtdenied petition for writ of certiorari (A*)
Krupkin, et al. v. Dow Chemical Co.,et al.
No. 87-620Brief of A.O.P.M.C. in Opposition toPetition for a Writ of Certiorari to the United States Court of Appeals for theSecond Circuit Re: Fairness of Settlement Decision: United States Supreme Courtdenied petition for writ of certiorari (A*)
No. 87-620Respondents 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. Supp149 (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 allegedly 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. 2d980 (4th Cir. 1992) (A)
Successful compulsion of production of documents from non-party renovator of damaged property. Party represented was National Union FireInsurance 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 Companyof 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” 745ILCS 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.
