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Practice Area: Appellate Litigation

Pretzel & Stouffer Attorneys Submit Amicus Brief for Illinois Defense Counsel

Pretzel & Stouffer partners, Rich Burgland and Donald Eckler, filed an amicus brief in the Illinois Supreme Court in support of the petitioner in Crim v. Dietrich on behalf of the Illinois Association of Defense Trial Counsel. This case deals with whether a party is required to file a post-trial motion to preserve issues decided …

July 2019 | Firm News

Scott Howie Elected to Secretary of Appellate Lawyers’ Association

Pretzel & Stouffer partner Scott Howie was elected Secretary of the Appellate Lawyers Association at the annual meeting of the association yesterday. Scott has just completed a year-long term as Treasurer of the association and has previously served on its Board of Directors and as co-chair of its Moot Court Committee. Scott has practiced for …

June 2019 | Firm News

Appellate Court Victory in Accounting Malpractice Case

Brendan Nelligan and Matthew J. Egan once again prevailed in the Illinois Appellate Court on behalf of the firm’s clients, an accountant and his firm who were sued for professional malpractice arising from alleged advice they provided certain clients which purportedly resulted in a loss suffered by the clients in a subsequent collections action. The circuit court had …

December 2018 | Firm News

Appellate Victory for Attorney Accused of Committing Legal Malpractice during Whistleblower Lawsuit

Jim Sipchen and Tom Draths recently prevailed in the Illinois Appellate Court on behalf of an attorney who was alleged to have committed legal malpractice in the representation of a client in an underlying whistleblower/retaliatory discharge suit filed against Nicor Gas, Co. Plaintiff alleged that attorney was negligent in failing to take adequate discovery on his claims and …

September 2018 | Firm News

Appellate Court Victory in Legal Malpractice Case

Pretzel & Stouffer partners Matthew J. Egan and Brendan Nelligan recently prevailed in the Illinois Appellate Court on behalf of the firm’s client, an attorney who had been sued for legal malpractice arising from his representation of a client in litigation which challenged the plaintiff’s performance of fiduciary duties as the trustee of a trust. See, 2018 IL App …

September 2018 | Firm News

Another Appellate Victory in a Legal Malpractice Case

Pretzel & Stouffer partners Matthew J. Egan and Brendan Nelligan once again prevailed in the Illinois Appellate Court on behalf of the firm’s client, an attorney who was sued for legal malpractice arising from his representation of certain clients in multiple mortgage foreclosure cases. The circuit court had dismissed the plaintiffs’ complaint on the grounds that it did not …

September 2018 | Firm News

Firm Wins Victory in Appellate Court for Condominium Association

The Illinois Appellate Court recently issued an opinion affirming a dismissal which Pretzel & Stouffer partners John H. Scheid and Matthew J. Egan won in the Circuit Court of Cook County in favor of the firm’s client, a condominium association. The case involved a large Chicago bank, which foreclosed on a mortgage it held on a condominium and was …

August 2018 | Firm News

Appellate Court Affirms Dismissal of Medical Malpractice Action

The Appellate Court of Illinois has affirmed the dismissal of several defendants, including a doctor and a professional corporation represented by Pretzel & Stouffer, finding that the trial court properly dismissed the plaintiff’s medical malpractice action as an impermissible second refiling of a previous action. Scott L. Howie of Pretzel & Stouffer, retained specifically to handle …

May 2018 | Firm News

Scott Howie Presents on Appellate Practice at Professional Seminar

Scott L. Howie served on the faculty of the recent Pincus Professional Education seminar, “Appellate Practice 101: The Nuts and Bolts,” held May 10 in Chicago. Scott was the chief presenter on the topics “Should You Appeal?” and “Post-Judgment Motions,” and co-presented on “Perfecting the Appeal and Other Preliminary Matters” and “Interlocutory Appeals by Right and …

May 2018 | Firm News

Summary Judgement Won and Upheld Due to Lack of Medical Causation

The Appellate Court of Illinois has affirmed summary judgment for several doctors and professional corporations finding that the trial court properly found no genuine issue of material fact as to whether any of the defendants proximately caused the plaintiff’s injury. Robert Marc Chemers and Scott L. Howie of Pretzel & Stouffer prepared and defended the appellate brief on behalf …

January 2018 | Firm News

Seventh Circuit Reversal in favor of insurance carrier

Robert Marc Chemers won a significant appeal in the 7th Circuit Court of Appeals. The 7th Circuit held that the insured’s 21-month delay in notifying his carrier of the accident was “inexcusable.” State Auto Prop. & Cas. Ins. Co. v. Brumit Serv’s, Inc., 877 F.3d 355 (7th Cir. 2017). The insured, an owner of a …

January 2018 | Firm News

Jury Verdict for Doctor Upheld with Barring of Handwriting Expert and Contributory Negligence Instructions Affirmed

The Appellate Court of Illinois has affirmed a verdict for a doctor represented by Pretzel & Stouffer, finding that the trial court properly barred an expert witness for the plaintiff who would have given inflammatory opinion testimony about documentary evidence, and properly rejected the plaintiff’s proposed jury instruction on contributory negligence. Scott L. Howie of Pretzel …

December 2017 | Firm News

Hospital Not Guilty Verdict Reinstated on Appeal

The Appellate Court of Illinois has reinstated a jury verdict for a hospital foundation represented by Pretzel & Stouffer, finding that the trial court abused its discretion when it vacated that verdict and granted a new trial to the plaintiff. Scott L. Howie and Sommer R. Luzynczyk of Pretzel & Stouffer represented the hospital foundation in the appeal, …

December 2017 | Firm News

Appellate Court Affirms Summary Judgment for Boy Scouts of America

Robert Chemers and Scott Howie recently secured an affirmance in the Appellate Court of summary judgment in favor of the Boy Scouts of America. The case involved the sexual assault of a minor Boy Scout by a former employee of a local scouting council. John Walsh obtained the summary judgment, after extensive briefing and oral argument before …

April 2014 | Firm News

Illinois Appellate Court, First District, reverses decision finding personal jurisdiction obtained by fraudulent means

Robert Marc Chemers secured a victory in the Illinois Appellate Court when the Court reversed the circuit court’s finding of personal jurisdiction against a Tennessee volunteer fire department. The department’s board treasurer had sold a fire tanker truck that he owned to an Illinois leasing company, and then purchased it on behalf of the volunteer …

February 2014 | Firm News