Cases
Representative Cases: Appellate Practice Profile: Armstead v. National Freight, Inc., 2020 IL App (3d) 170777: Plaintiff, while driving semi for his employer, a Pennsylvania corporation, was injured when a driver for another company, National Freight, struck Plaintiff's semi in Illinois. Plaintiff settled a workers' compensation claim in Pennsylvania
then filed suit against Defendants in Illinois. The circuit court entered partial summary judgment for Defendants on the basis that the extent of Plaintiff's injury was limited by a judicial admission in the workers' compensation case. On rehearing, the Appellate Court affirmed partial summary judgment on the basis of collateral estoppel. All three elements of collateral estoppel were satisfied: (1) the issue decided in the workers' compensation case was identical with the one presented in the Illinois claim, (2) there was a final judgment on the merits in the workers' compensation case
(3) Plaintiff was a party to the prior adjudication. Plaintiff had both the incentive
opportunity to litigate the full extent of his injuries in the Pennsylvania workers' compensation proceedings.
Danzig v. Univ. of Chicago Charter Sch. Corp., 2019 IL App (1st) 182187: Patrons were injured when a bench they were seated on collapsed during a school play. They filed an action against the dance academy
public charter school, alleging claims for negligence
willful
wanton misconduct. The charter school moved to dismiss on statute of limitations grounds
dance academy filed counterclaim for contribution against charter school, which the charter school also moved to dismiss. The Circuit Court granted the charter school's motions,
the dance academy appealed. On appeal, the Appellate Court held that the patrons' failure to file tort claims against charter school within one year of the incident precluded the dance academy's counterclaims for contribution against the charter school.
Matros v. Commonwealth Edison Co., 2019 IL App (1st) 180907: A former employee brought an action against his former employer
its parent company for retaliatory discharge following termination of his employment alleging he was fired in retaliation for exercising his rights pursuant to the Workers' Compensation Act when he filed two workers' compensation claims for injuries to his shoulders
psyche. The Circuit Court entered judgment in favor of former employer, finding valid non-pretextual reasons for employee's discharge. Employee appealed. The Appellate Court affirmed
held that: (1) the employee failed to establish a causal connection between his workers' compensation claim
his termination
(2) the finding that employee had engaged in outright lies about his medical condition to employer so that his discharge was not premised on workers' compensation claim but rather on lack of integrity was not against the manifest weight of the evidence
(3) the finding that there was nothing retaliatory in employer's decision to terminate employee on basis of total work record was not against the manifest weight of the evidence
(4) the evidence demonstrated new triggering event that permitted employee's termination on basis of his total work record.
Burrell v. Vill. of Sauk Village, 2017 IL App (1st) 163392: Summary judgment in favor of defendant police officers was affirmed. The police officer defendants arrested
charged Burrell with the murder of his one month old niece,
after his acquittal by a jury, he filed claims against the officers for malicious prosecution
intentional infliction of emotional distress. On appeal, it was shown that despite the not guilty verdict in the criminal case, probable cause still existed to charge Burrell with murder.
Krik v. Exxon Mobil Corp., 870 F.3d 669 (7th Cir. 2017): In action seeking recovery for Krik's alleged exposure to asbestos for two-week period while working for defendants as independent contractor removing refinery replacement heaters, the district court did not err by excluding testimony about medical causation from Krik's expert where the cumulative asbestos fiber exposure theory was the same as the rejected each
every exposure theory. The experts had not presented any individualized analysis of the level of asbestos exposure, had provided only generalized citations to scientific literature with no indication that they were authorities upon which the experts would rely, did not identify any peer-reviewed scientific journal adopting this theory,
did not cite any medical studies or discuss an error rate. Illinois law of causation required that Krik prove that defendants' acts or products were substantial contributing factor to his illness,
de minimis exposure was not sufficient to establish causation. Consequently, the proffered expert testimony was not admissible at trial.
Hern
ez v. Walgreen Company:
, 2015 IL App (1st) 142990: Physician issued decedent several methadone prescriptions over 18-month period, which decedent filled at 2 pharmacies. Decedent died, allegedly from methadone intoxication. Court properly dismissed Plaintiff's claims against pharmacies, based on lack of a recognized duty owed by defendant pharmacies. Duty to monitor a patient's prescription history for excessive amounts of controlled substance cannot be inferred by provisions of Illinois Controlled Substances Act. Under the learned intermediary doctrine, pharmacies do not have duty to monitor a patient, make medical judgments, convey warnings to prescribing physician or decedent, or otherwise interject itself in physician-patient relationship.
Flint v. City of Belvidere, 791 F.3d 764, 766 (7th Cir. 2015): In this section 1983 action, the Seventh Circuit affirmed summary judgment in favor of the City of Belvidere, the police department,
certain police officers. The plaintiff's son was a police informant who was subsequently shot in what is now a cold case. The plaintiff sued the City of Belvidere
others under Section 1983, but plaintiff lacked any evidence that her son's death was proximately caused by the defendant's failure to keep his name confidential. Plaintiff failed to present facts to support her due process claim under the state-created danger doctrine. At best, plaintiff's case boiled down to speculation, which was insufficient to reach a jury.
Perona v. Volkswagen of Am., Inc., 2014 IL App (1st) 130748: In this class action alleging violation of the Illinois Consumer Fraud
Deceptive Business Practices Act, 815 ILCS 505/1 et seq. (2002), Plaintiffs alleged that the Audi 5000 (model years 1984-1986) unintendedly accelerated due to a design defect. The case was filed in 1987, shortly after the CBS 60 Minutes television show featured the Audi 5000 in a bad light - a program for which CBS's journalistic integrity came under harsh criticism. After 25 years of litigation, the circuit court entered discovery rulings that limited Plaintiffs' theories of wrongdoing, barred Plaintiffs' disclosed experts as unreliable,
granted summary judgment to Audi. The Appellate Court affirmed summary judgment
also affirmed the circuit court's order denying Plaintiffs leave to file a Seventh Amended Complaint.
Cieslewicz v. Forest Pres. Dist. of Cook Cnty., 2012 IL App (1st) 100801, 973 (Ill. App. Ct. 2012): The estate administrator
injured woman sued the forest preserve as a result of two separate dog attacks occurring on property owned by it. Upon reconsideration, the trial court granted the forest preserve's motion for summary judgment upon finding that the forest preserve was not an owner as defined by the Animal Control Act, 510 ILCS 5/1 et seq. (2002) (Act),
, was not liable under the Act for the injuries caused by the offending dogs. On appeal, the appellate court also found that the forest preserve was not an owner of the dogs as a matter of law
, thus, could not be found liable under the Act. It so concluded because it found that the evidence showed that the forest preserve was no more than a passive owner of the property temporarily inhabited by the dogs
that its employees did not exhibit any characteristics of having kept or harbored such animals on the property, as would be consistent with ownership pursuant to 510 ILCS 5/2.16 (2002) of the Act.
Bielskis v. Louisville Ladder, Inc., 663 F.3d 887 (7th Cir. Ill. 2011): In this product liability case, Plaintiff had fallen from a three-foot-high mini-scaffold when it collapsed at a worksite. Plaintiff had obtained the mini-scaffold seven years prior when his former employer gave it to him fully assembled. Plaintiff filed suit against Louisville Ladder under a product defect theory
alleged that Defendant failed to properly test
inspect the threaded stud of the caster stem that failed. In support of his theories, Plaintiff retained an expert who concluded that the stud failed due to a brittle facture caused by excess stress brought by over- tightening of the threaded caster stem. The District Court struck the expert because the expert's conclusions were not supported by data or testing to support the brittle facture theory. On appeal, the Seventh Circuit affirmed. The Court of Appeals held the District Court was within its discretion to conclude that [the expert's] methodology sounded more like the sort of '[t]alking off the cuff' -- without data or analysis -- that we have repeatedly characterized as insufficient. Without expert testimony, Plaintiff could not prove his case
summary judgment in Louisville Ladder's favor was affirmed.
R.M. Lucas v. The Peoples Gas Light
Coke Co., 2011 Ill.App. (1st) 102955.: This case arose from a gas explosion at R.M. Lucas's facility. R.M. Lucas filed a complaint against The Peoples Gas, but failed to diligently prosecute that complaint. Consequently, the complaint was dismissed as a discovery sanction under Supreme Court Rule 219. R.M. Lucas filed a section 2-1401 petition for post judgment relief
argued that its trial attorney did not advise it of the discovery served by The Peoples Gas
failed to advise it of the dismissal of the action. The Circuit Court denied the section 2-1401 petition,
R.M. Lucas appealed. On appeal, the Appellate Court upheld the general rule that a party is not entitled to 2-1401 relief based on the negligence of its attorney. Moreover, the Appellate Court concluded that the dismissal could could not be overruled on a equitable basis for R.M. Lucas' trial attorney's inexplicable failure to respond to discovery
failure to inform R.M. Lucas of the dismissal order. Furthermore, the Appellate Court held that R.M. Lucas did not act diligently
failed to adequately monitor its case in light of its failure to discovery the dismissal of its negligence claims for four months. Finally, with regard to the underlying dismissal
Rule 219 discovery sanction, the Appellate Court held that the Circuit Court did not abuse its discretion when it dismissed R.M. Lucas' complaint where the discovery requests had been issued more than a year earlier, R.M. Lucas had failed to abide by numerous court order deadlines for responding to discovery,
R.M. Lucas failed to respond when given a final chance after dismissal according to Rule 219. While R.M. Lucas might still be able to recover under a legal malpractice theory against its trial counsel, it no longer had a claim against The Peoples Gas.
Arlin-Golf, LLC v. Village of Arlington Heights, 631 F.3d 818, 2011 U.S. App. (7th Cir. III.): Plaintiff property owners appealed a dismissal by the United States District Court for the Northern District of Illinois, Eastern Division, of their complaint against defendants, a village
others, alleging that defendants' conduct resulted in financial losses to the owners as a result of the village implementing a tax district, which included the owners' property. The owners had previously instituted a state court suit against defendants, alleging that the tax district constituted a taking under Ill. Const. art. I, 15. The parties settled that case,
the owners dismissed the case with prejudice. On review, the court affirmed. Pursuant to 28 U.S.C.S. 1738, the court found that under a transactional test, the causes of action were the same for purposes of res judicata. The federal complaint sought recovery based on additional theories not mentioned in the state court complaint, but res judicata was nonetheless proper because, both complaints relied on the same operative facts. Further, the owners did not allege that any significant additional facts occurred between the dismissal of the state court suit
the filing of the federal suit. The present complaint relied on defendants' actions that resulted in the settlement agreement
not the execution of the agreement itself. Finally, the district court properly denied leave to amend the complaint under Fed. R. Civ. P. 15(a) because any amendment would have been futile.
Salerno v. Innovative Surveillance Tech., Inc., 402 Ill. App. 3d 490 (Ill. App. Ct. 1st Dist.2010):
Piser v. State Farm Mut. Auto. Ins. Co., 938, 405 Ill. App. 3d 341 (Ill. App. Ct. 2010):
Westfield Insurance v. CNH America, 399 Ill. App. 3d 219 (Ill. App. Ct. 2010):
Adames v. Sheahan, 233 Ill. 2d 276, 909 (Ill. 2009):
Muro v. Target Corp., 580 F.3d 485 (7th Cir. Ill. 2009):
Knapp v. Bulun, 392 Ill.App.3d 1018, 911 (Ill.App.Ct. 2009):
Jones v. Chicago Cycle Center, 391 Ill.App.3d 101, 908 (Ill.App.Ct. 2009):
Quigg v. Walgreen Co., 388 Ill. App. 3d 696, 905 (Ill. App. Ct. 2009):
Richardson v. Bond Drug Company of Illinois, 387 Ill. App. 3d 881, 901 (Ill. App. Ct.2009):
Coole v. Central Area Recycling, 384 Ill.App.3d 390, 893 (Ill. App. Ct. 2008):
Karas v. Strevell, 227 Ill.2d 440, 884 (2008):
Commercial Coin Laundry Sys. v. Loon Invs., LLC, 871, 375 Ill. App. 3d 26, 871 (Ill. App. Ct. 2007):
Crumpton v. Walgreen Co., 375 Ill.App.3d 73, 871 (Ill. App. Ct. 2007):
Zurich Ins. Co. v. Walsh Construction Co., 352 Ill. App. 3d 504, 816 (Ill. App. Ct. 2004:
Class Action Practice Profile:
As a member of the business litigation group, Mr. Boehm's class action experience is active
varied. The following lists provide a synopsis class action litigation experience.
Consumer Fraud Act: Clemons v. Ferolito: State Court, Dismissed
Dispute related to marketing
sale of iced tea beverages. Dismissal obtained from trial court with no subsequent appeal.
Heger v. Attorney Title Guaranty Fund: State Court, Class Settlement
Dispute related to return of recording fees charged in real estate closings
favorable class settlement negotiated after contentious litigation.
Williams v. Lynch: State Court, Class Settlement
Dispute related to amendment of car payment rates subsequent to purchase agreement
favorable class settlement negotiated after contentious litigation.
Xydakis v. Target: Federal Court, Dismissed
Dispute related to advertised price of product Being honored at store. See Xydakis v. Target, Inc., 333 F. Supp. 2d 683 (N.D. Ill. 2004) Xydakis v. Target, Inc., 350 F. Supp. 2d 748 (N.D. Ill. 2004)
Pio v. Bodyonics: State Court, Dismissed
Dispute related to efficacy of product advertised
sold by manufacturer. Dispute dismissed after five years of litigation when out-of-state counsel was alleged to be inadequate
local counsel withdrew.
Dunn v. Atkinson: Federal Court, Individual Settlement
Dispute related to advertised vacation packages. Dispute settled after Rule 68 offer of judgment was tendered prior to motion for class certification.
Perona v. Volkswagen: State Court, Summary Judgment
Dispute related to alleged unintended acceleration of certain Audi vehicles. Alleged national class rejected
only an Illinois class was certified. Summary judgment was entered for Audi after the Circuit Court found Plaintiff's experts could not satisfy the Frye St
ard.
Parks v. Windale: State Court, Settlement
Dispute related to bed bug infestation in 88 unit Apartment complex.
Hackett v. BMW NA: Federal Court, Settlement
Dispute related to alleged malfunctioning fuel pump.
Smith v. Volkswagen: Federal Court, Settlement
Dispute related to alleged defective wiring harness.
Fair Credit Reporting Act: Muro v. Target: Federal Court, Dismissed
Dispute related to substitution of store card for VISA card. Summary judgment affirmed by Seventh Circuit Court of Appeals.See Muro v. Target Corp., 580 F.3d 485 (7th Cir. Ill. 2009)
Acosta v. Target: Federal Court, Granted Summary Judgment
Dispute related to substitution of store card for VISA card.
Todd v. Target: Federal Court, Dismissed
Dispute related to disclosure of customer Information on sales receipt.
Telephone Consumer Protection Act: Pollack v. Fitness: State Court, Class Settlement
Class action settlement obtained for less than $150,000, in dispute with exposure of more than $3,000,000.
CE Design v, Kallman: State Court, Individual Settlement
Individual settlement for less than $50,000 obtained after more than five years of litigation after development of convincing case against adequacy of class representative
class counsel in case with exposure of more than $10,000,000.
Loncarevic v. Stanley Foam: State Court, Settled
Class action settlement obtained on favorable class terms in suit involving alleged unsolicited facsimiles, where statutory damages exceeded $3,000,000.
Sather v. Cornerstorne: State Court, Settled
Dispute involving exposure of more than $45,000,000 for transmission of unsolicited facsimiles settled on class basis for $670,000.
Dolemba v. LED Craft: Federal Court, Individual Settlement
Dispute involving alleged robocalling marketing effort settled on individual basis.
Magnuson Moss Warranty Act:
George v. MBUSA: State Court, Litigation ongoing. Dispute related to alleged defective fuel gauge.
Toxic Tort Practice Profile:
Asbestos Litigation Defense (active defense of Fortune 50 company in Illinois, Indiana, Missouri): Muniz v. Arrow Gear: Federal Court, Class Settlement, Asbestos Litigation, Illinois Circuit Courts
Dispute related to diminution of property values due to contaminated drinking water. Class settlement negotiated with more than 10 other defendants.
Bendik v. Arrow Gear
Pote v. Arrow Gear: State Court, Class Settlement, Asbestos Litigation, Illinois Circuit Courts
Personal injury disputes related to injuries incurred from contaminated drinking water.
Environmental Law Practice Profile:
Represented clients in hazardous waste cases in numerous states, including over 25 Superfund sites.
Represented corporations in RCRA citizen suits, including the prosecution of RCRA citizen suits involving leaking USTs,
the defense of corporate defendants in other RCRA citizen suits involving the disposal of hazardous wastes. Represented clients in negotiating
drafting leases, including clauses relating to environmental indemnifications, representations
warranties.
Settlement was obtained for our client just before verdict in the Sauget, Illinois, Superfund Site. Settlement was negotiated for our client in the $1 billion Fox River, Wisconsin, sediment contamination contribution case.
Settlement obtained for our client in the Waukegan Harbor, Illinois, PCB harbor sediment cleanup. A series of seven Administrative Orders on Consent (AOCs) was negotiated for a client involving dioxin sediment contamination of the Tittawabasee River in Michigan.
Favorable settlement was also obtained for plaintiff client in a contribution action against an environmental consultant for $1,750,000 in a dispute arising out of a commercial venture which failed in Chicago's Streeterville neighborhood due to the discovery of radioactive thorium.
Counseled client in compliance with AOC related to pesticide contamination at wildlife refuge previously operated as an ordnance plant during World War II. Negotiating Consent Decree for performance of remedial action.
