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Practice Area: Appellate Litigation


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 …

November 2020

Chemers argues issue of first impression before Illinois Supreme Court

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 …

October 2020

Nelligan has first oral argument before Illinois Supreme Court

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.

October 2020

Petition for Leave to Appeal Granted by Illinois Supreme Court

  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 …

January 2020

Significant Victory for Insurers by Pretzel & Stouffer Before Illinois Supreme Court

  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 …

January 2020

Appellate Court Victory – Case of First Impression

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 …

November 2019

Robert Chemers and Scott Howie Secure Appellate Dismissal

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 …

September 2019

Appellate Victory Secured for Insurance Company

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 …

July 2019

Pretzel & Stouffer Attorneys Obtain Consolidation from Illinois Supreme Court

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 …

July 2019

Pretzel & Stouffer Attorneys Prevail in Appellate Court Sustaining Dismissal for Accountant

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 …

July 2019

Pretzel & Stouffer Attorneys Win in Mississippi Supreme Court

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 …

July 2019

Pretzel & Stouffer Attorneys Sustain Summary Judgment on Appeal for Railroad

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 …

July 2019

Pretzel & Stouffer Secures Substantial Win in Coverage Matter

  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 …

June 2019 | Firm News

Defense Verdict against Plaintiff Patient/Dentist

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), …

March 2019 | Firm News