Spellmire Bruck LLPPartner

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About Michael Cleary Bruck

Michael Cleary Bruck is a lawyer practicing accountants liability, agents and brokers liability, directors and officers liability and 5 other areas of law. Michael received a B.S. degree from Purdue University in 1984, and has been licensed for 38 years. Michael practices at Spellmire Bruck LLP in Chicago, IL.

Awards

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Services

Areas of Law

  • Professional Liability 3
    • Accountants Liability
    • Agents and Brokers Liability
    • Directors and Officers Liability
  • Legal Ethics and Professional Responsibility
  • Insurance 3
    • Commercial Insurance
    • Insurance Bad Faith
    • Reinsurance
  • Litigation

Practice Details

  • Firm Information
    Position
    Partner
    Firm Name
    Spellmire Bruck LLP
  • Representative Cases & Transactions
    Cases
    Representative Matters: Meriturn Partners LLC, et al. v. Banner & Witcoff Ltd., et al.
    Circuit Court of Cook County, Illinois
    Secured $6 million jury verdict after three-week trial in favor of private equity investors in legal malpractice action against their patent lawyers for failed patent due diligence.
    Belleville Toyota v. Toyota Motor Sales, et al.
    Circuit Court of St. Clair County, Ill.
    316 Ill. App. 3d 227 (5th Dist. 2000), reversed in part, 199 Ill.2d 325 (2002)
    Defended auto manufacturer
    distributor in three-week jury trial
    appeals of franchise act
    breach of contract lawsuit brought by dealer arising from dispute over allocation of vehicles. In case of first impression, Illinois Supreme Court found that UCC statute of limitations applies to franchise agreements
    that statute of limitations is not tolled by continuing breaches of contract or continuing violations of Franchise Act.
    Fuller v. Decatur School District No. 61, et al.
    U.S. District Court, Central District of Illinois
    Obtained not guilty verdict for school board in civil rights lawsuit brought by six students expelled for a gang fight at a football game. Claims were prosecuted by Operation PUSH
    Rev. Jesse Jackson
    garnered national attention due to board's so-called zero tolerance policy. Decision reported at 78 F.Supp.2d 812 (C.D. Ill. 2000), affirmed, 251 F.3d 662 (7th Cir. 2001).
    Artline v. Universal Statuary
    U.S. District Court, Northern District of Illinois
    Defended trade libel
    prosecuted copyright infringement claims between manufacturers of naturalistic animal statuary in two-week jury trial. Case resolved through confidential settlement.
    Royal Surplus Lines v. Mariner Health Care
    647 F. 3d 524 (5th Cir. 2011)
    Obtained summary judgment
    affirmance on appeal on $10.5 million bad faith
    breach of contract claims against excess insurance carrier.
    Northern Illinois Emergency Physicians v. S
    s, et al.
    216 Ill.2d 294 (2005)
    Obtained summary judgment
    successfully argued appeals of seminal Illinois Supreme Court attorney malpractice case on damages.
    800 South Wells Commercial LLC v. Horwood Marcus & Berk
    Ill. App. 3rd Dist.
    In first of its kind case, obtained summary judgment
    affirmance of appeal by convincing courts that the two-year statute of limitations in Section 13-214.3 of the Illinois Code of Civil Procedure - not the longer five-year statute of limitations - applies to aiding
    abetting claims against lawyers that are connected to their performance of legal services.
    Mitchell Bros. v. Warady & Davis
    Circuit Court of Cook County, Ill.
    Successfully defended accounting firm in two-week jury trial in claims alleging failure to detect
    report defalcation.
    Cho v. Environmental Management Group
    Circuit Court of Cook County, Ill.
    Obtained dismissal of $3 million lost profits claim against environmental auditor client arising from a Phase I environmental site assessment on property containing asbestos. Claims dismissed during two-week jury trial.
    Liberty Mutual v. Ross & Hardies
    (Ill. App. 1st Dist. 2001)
    H
    led case of first impression in Illinois involving claims of attorney malpractice. 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 summary judgment
    successfully argued appeal of accountant's malpractice case. Seventh Circuit affirmed summary judgment for auditor client finding no breach of duty of care.
    Wolf & Company v. Cevin
    (Ill. App. 2nd Dist. 1997)
    Obtained summary judgment for auditor in accountant's malpractice case where plaintiff sought $21 million in damages. Appellate court affirmed, finding that parent corporation had no st
    ing to assert claims for failed subsidiaries.

Experience

  • Bar Admission & Memberships
    Admissions
    1988, Illinois
    U.S. District Court, Northern District of Illinois (including the trial bar)
    U.S. District Court, Central District of Illinois
    U.S. District Court, District of Maine
    In addition, Mr. Bruck has been admitted pro hac vice in state and federal courts throughout the country.
    U.S. Court of Appeals, Second Circuit
    U.S. Court of Appeals, Fifth Circuit
    U.S. Court of Appeals, Seventh Circuit
    U.S. Court of Appeals, Ninth Circuit
    U.S. District Court, Southern District of New York
    Memberships

    Professional Activities

    Mr. Bruck is active in numerous professional and civic organizations, including:
    •Federation of Defense and Corporate Counsel
    •Defense Research Institute: Professional Liability Committee, Steering Committee, 2004-present
    •Illinois Association of Defense Trial Counsel (IDC): Commercial Litigation Committee, co-chair, 2008-2013
    IDC Quarterly, Technology Law Columnist, 2004-2013
    •Chicago Bar Association: Judicial Evaluation Committee
    investigator and hearing officer
    Committee on Attorney Malpractice, chair 2007-2008, vice-chair, 2006-2007
    •Illinois Society of Trial Lawyers
    •American Bar Association
    •Illinois State Bar Association
    •Professional Liability Underwriting Society
    •Seventh Circuit Bar Association
    •Illinois Appellate Lawyers Association
    •DePaul University College of Law, Alumni Board of Directors
    •Chicago Legal Clinic for the Disabled, volunteer
    •Western Springs, Illinois Park District Commissioner and Board President
    •Western Springs Little League, Coach

  • Education & Certifications
    Law School
    DePaul College of Law
    Class of 1988
    J.D.
    Other Education
    Purdue University
    Class of 1984
    B.S.
    Organizational Leadership and Supervision
  • Personal Details & History
    Age
    Born in 1962
    1962
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