Appellate Litigation

Pretzel & Stouffer partners Brendan J. Nelligan and Matthew J. Egan secured a victory in the Illinois Appellate Court on behalf of the firm’s client, a law firm to whom the trial court had awarded fees and expenses under principles of quantum meruit from the settlement proceeds of a medical malpractice case in which the ...

The firm is pleased to announce that on November 20, 2023, the Illinois Supreme Court issued an order reappointing Matthew J. Egan as a member of the Supreme Court’s Committee on Jury Instructions in Civil Cases and as Vice-Chair of the Committee. Matt has served as a member of the Committee since January 2018 and ...

Robert Chemers and David Larson won an affirmance in the Appellate Court, First District, of the summary judgment entered by the circuit court for their insurer client in a coverage dispute with a plaintiff insurer over whether the plaintiff insurer’s named insured was an additional insured on the policy issued by our insurer client to ...

After winning at the trial court level through a Motion to Dismiss, Tom and Rich were able to preserve that victory at the appellate level by persuading the Court that their client – a non-profit charitable institution – was entitled to the protections of sovereign immunity. Even though their client was a private entity, the ...

The Illinois Pattern Jury Instructions for civil cases now include instructions for employment discrimination and retaliation claims brought under the Illinois Human Rights Act. These instructions have been posted on the Illinois Supreme Court’s website as Chapter 255.00 of the IPI Civil Instructions.   Pretzel & Stouffer shareholder Matthew J. Egan is the vice chair ...

Ed Ruff led a Pretzel and Stouffer team that recently secured a victory in the Seventh Circuit Court of Appeals, where the court affirmed a multi million-dollar judgment Ed and the team had won in the District Court for the firm’s client, a purchaser of land from a bankruptcy estate, against a claim by a ...

Robert Chemers and David Larson obtained a summary judgment for an insurer client in federal district court in Chicago that there was no duty to defend based on 17-month late notice to the insurer by the business sophisticated insured. The Court weighed the recognized factors and found 4 of the 5 weighed against the insured, ...

Robert Chemers and Scott Howie won an appeal for an insurer client in the Appellate Court of Illinois, Second District, on an issue of first impression involving an insurer’s Customer Complaint Defense Reimbursement Coverage endorsement on an auto dealer’s policy which provided for reimbursement of reasonable defense expenses incurred for the defense of a customer ...

Robert Chemers and David Larson obtained summary judgment for an insurer sued for bad faith for alleged unreasonable and vexatious delay to arbitrate the plaintiff insured’s UM claim. The carrier arbitrated, lost and paid the award, and then was sued for bad faith for the lengthy delay in going to arbitration. Circuit Court ruled that ...

Robert Chemers obtained an affirmance in the Wisconsin Court of Appeals of a summary judgment he obtained for an insurer sued in Wisconsin under the direct action statute which insurer did not issue a policy of insurance to anyone in Wisconsin and did not issue a policy of insurance to anyone in Illinois who committed ...

Matthew J. Egan has been appointed by the Illinois Supreme Court to serve as Vice Chair of the Court’s Committee on Civil Jury Instructions for a two-year term from January 1, 2022 – December 31, 2023. Matt has served as a member of the committee since January 2019. He also served for several years as ...

Jim Sipchen, John Scheid, and Scott Howie obtained an appellate victory for landowners whose 70-acre farm was the subject of eminent domain proceedings filed in DuPage County, Illinois.  The Illinois Appellate Court’s decision upheld a traverse and motion to dismiss a local municipality’s lawsuit that sought to condemn a private driveway that the landowners had ...

Pretzel & Stouffer partners Matthew Egan and Brendan Nelligan prevailed in the Illinois Supreme Court on behalf of the firm’s clients, an attorney and his employer, a union, in a legal malpractice case arising from the attorney’s representation of a police officer in a grievance arbitration proceeding at which the plaintiff, a union member, challenged ...

Robert Chemers, a Firm shareholder and Fellow of the American College of Coverage Counsel, who has practiced exclusively with the Firm for almost 45 years, was interviewed for the Coverage Opinions publication.  The interview is linked here.

Pretzel & Stouffer partners Robert Chemers  and Scott Howie recently obtained a judgment from the Appellate Court of Illinois, First District, reversing the ruling of the trial court, on our client nursing home’s motion to compel arbitration against a plaintiff resident. The trial court denied the motion to compel arbitration, and the Appellate Court reversed and remanded ...

The Committee is responsible for receiving rule proposals from the Supreme Court, Supreme Court or Judicial Conference Committees, the bench, the bar or the public. Proposals offered by the bench, bar or public are reviewed by the Rules Committee and placed on the agenda for public hearing if the proposal is determined to have merit.

Pretzel & Stouffer partners Brendan Nelligan and Matthew J. Egan prevailed in the Illinois Supreme Court on behalf of the firm’s clients, an attorney and his employer, a union, in a legal malpractice case arising from their representation of a police officer in a grievance arbitration proceeding at which the plaintiff, a union member, challenged the termination ...

Pretzel & Stouffer shareholder Robert Chemers argued a case of first impression in the a Illinois Supreme Court yesterday involving the question whether a plaintiff who disclosed a Rule 213(f)(3) controlled expert witness can re-designate the expert as a non- testifying consultant and thereby bury the expert’s negative report? The trial court said no, and the Appellate Court said ...

The issue presented is one of first impression in Illinois and concerns whether an agent of a union, who happens to be a lawyer, and who represents a union member in a grievance proceeding, is subject to a claim of professional negligence. The courts around the country have uniformly held they are not.

  Robert Chemers – Insurance Coverage and Appellate Matt Egan – Civil Litigation, Professional Liability, and Employment Law Ed Ruff – Class Action Mass Torts,  Products Liability, Medical Malpractice, and Business Litigation Richard Waris – Business Litigation and Professional Liability We congratulate Robert, Matt, Ed, and Dick for again being recognized for their outstanding legal ...

  Partner Scott Howie has been invited to become a Fellow of the American Academy of Appellate Lawyers after being elected at the Academy’s recent meeting. The American Academy of Appellate Lawyers was founded in 1990 to recognize outstanding appellate lawyers and promote the improvement of appellate advocacy and the administration of the appellate courts. ...

  Robert Chemers and Paula Villela recently had a Petition for Leave to Appeal granted by the Illinois Supreme Court. The case involves an Appellate Court opinion in a case of first impression which allowed a #plaintiff in a medical malpractice case to re-designate a previously disclosed controlled expert witness and treating physician as a ...

  In a significant victory for the insurance industry, Pretzel & Stouffer attorneys, Robert Chemers and Jonathan Federman, prevailed today for an insurer in the Supreme Court of Illinois. The court issued its opinion this morning reversing the trial court and the Illinois Appellate Court, Fifth District, and directing the trial court to enter judgment ...

In a case of first impression in Illinois, partners Matthew J. Egan and Brendan J. Nelligan secured a victory in the Appellate Court for a labor union and a union attorney who were sued in the Circuit Court of Cook County by the plaintiff, a union member, based on legal representation the attorney provided the ...

Pretzel & Stouffer partners, Robert Chemers and Scott Howie, succeeded in having an adversary’s appeal dismissed for lack of appellate jurisdiction in the Appellate Court of Illinois, First District. In a declaratory judgment action, the circuit court entered judgment for the firm’s client, an insurer, holding that it had no duty to defend its insured ...

Pretzel & Stouffer attorneys Richard Waris, Jim Sipchen, Quinn Donnelly, and Scott Howie obtained an affirmance in the Illinois Appellate Court, First District, of the dismissal of an action against several defendants, including an insurance company and another law firm. The appeal concerned the alleged settlement of a previous tort action during the trial of ...

Tom Draths and Scott Howie recently petitioned the Supreme Court of Illinois to consolidate three lawsuits pending in different judicial circuits under Supreme Court Rule 384. The Supreme Court granted the petition that Tom and Scott prepared on behalf of their client. As a result, their client will defend one consolidated action in Will County ...

Robert Chemers and Jonathan Federman successfully argued on appeal for a modification of a judgment against its client in a stacking case in Southern Illinois. In a published Opinion, the Appellate Court, 5th District agreed that coverage within a policy of insurance could not be stacked four separate times. The Court agreed that an amended ...

Pretzel & Stouffer trial lawyers Edward Ruff and Suzanne Crowley obtained summary judgment for their client, and firm appellate lawyer Scott Howie obtained affirmance of that judgment on appeal, in a recent case finding that the plaintiff, who had a traumatic amputation of his arm below the elbow while operating a lathe, had an exclusive ...

In another example of Pretzel & Stouffer’s robust professional liability defense practice, Brendan Nelligan and Matthew Egan recently 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 allegations that the accountants misadvised certain clients. The circuit court dismissed the ...

Robert Chemers and Rich Burgland obtained a major victory for their insurer client in the Mississippi Supreme Court. With the help of local counsel, Dorrance Aultman, Robert and Rich successfully defended an appeal by two claimants. The claimants sought coverage for a wrongful death lawsuit arising out of the death of their adult son who ...

Robert Chemers and William Elinski, sustained the summary judgment they obtained in the trial court on appeal in a case involving whether the plaintiff was an employee for the purposes of the Federal Employers’ Liability Act. The plaintiff, an employee of Mobile Rail Services, Inc. (MRS), was injured while servicing a Union Pacific Railroad Company ...

Pretzel & Stouffer partner, Rich Burgland, has been appointed by Illinois State Bar Association President-Elect David Sosin, to be a member of the ISBA Insurance Law Section Council. Rich concentrates his practice in insurance coverage and appellate litigation.

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 ...

The Supreme Court of Illinois allowed a Petition for Leave to Appeal authored by Robert Chemers and Jonathan Federman in an auto insurance bodily injury stacking case. The trial court stacked the $100,000/$300,000 limits 4 times because there were 4 cars on the policy, and the Appellate Court of Illinois, Fifth District, modified that judgment ...

  Robert Chemers and Jonathan Federman, successfully argued on appeal for a reversal of the circuit court’s ruling finding coverage pursuant to a professional liability insurance policy as to a motion to adjudicate attorneys’ liens. In a published opinion, the Appellate Court of Illinois, First District, agreed with Robert and Jonathan that a motion to ...

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 ...

Timothy Weaver and Michael Barry recently obtained a defense jury verdict in a medical malpractice case in which a dentist claimed that defendant orthopedic surgeon negligently delayed spine surgery by one day for an acute, repeated low back disc herniation in order to suit his surgical schedule, thereby causing multi-million dollar damages including permanent foot paralysis (drop foot), ...

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 ...

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 ...

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 ...

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 ...

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 ...

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 ...

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 ...

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 ...

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 ...

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 ...

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, ...

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 ...

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 ...