Practice Area: Legal Malpractice Defense

Robert Chemers obtained a judgment for an insurer client in federal court in Chicago that the carrier had no duty to defend its insureds for an auto accident due to the auto exclusion in the CGL policy and that any duty to defend was discharged when the insureds failed to respond to the carrier’s written …

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, …

In a recent tragic case, Tom Draths was able to persuade the Court that his client could not be responsible under the law for the death of a high school student.  Through Tom’s vigorous research and enthusiastic advocacy, Tom’s client was dismissed from the case because it was not legally obligated to design or rectify …

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 led a team including Ed Ruff and John Scheid in a challenge to 735 ILCS 5/2-1303, the amendment to the Code adding pre-judgment interest effective July 1, 2021. The challenge motion was brought in a medical malpractice case pending in Cook County, and on May 27, 2022 the Circuit Court declared the statutory …

Robert Chemers and Dave Larson obtained summary judgment for an insurer client against its Insured, which Insured was defended by the carrier through personal counsel under reservation, no settlement occurred, and the Insured tried the underlying business tort case (conversion, detinue, and two tortious interference claims) and lost with an adverse judgment entered for $8.3M, …

Alan Schumacher and Alexander Beehler obtained a not guilty verdict on behalf of an interventional radiologist and his employer following a jury trial in Cook County. The case involved an allegedly negligent tunneled dialysis catheter exchange procedure for a 42-year-old woman who suffered a decompensation shortly after the procedure. The plaintiff claimed the post-procedure application …

Sommer Luzynczyk and Kayla Condeni win dismissal with prejudice based on lack of standing in a putative class action lawsuit against the estate of a deceased physician. The lawsuit brought in the Circuit Court of Cook County alleged a pattern of conduct extending back 29+ years and involved the alleged failure to administer routine childhood …

Matthew J. Egan and Brendan J. Nelligan successfully defended their client, an attorney for union-sponsored benefit funds, in the United States District Court in Chicago against a claim that the attorney tortiously interfered with the plaintiff’s contract with another company when the attorney notified the other company of the funds’ claim that the plaintiff had …

Robert Chemers and Dave Larson obtained a judgment for their insurer client in their federal court declaratory judgment action that the insurer had no duty to defend its insureds who were sued in Cook County in a 44 page multi-count complaint for defamation and other claims based on no bodily injury and no property damage, …

Robert Chemers and Dave Larson won summary judgment for an insurer in the federal court in Rockford holding that a defendant in a serious underlying personal injury action is not an additional insured. The policy’s additional insured endorsement extended status as an additional insured where the named insured agreed in a written contract to name another …

John Smith and Michael Barry obtained a not guilty verdict for their orthopedic surgeon client following a 7 day jury trial in Cook County.  The case involved an alleged failed hip resurfacing procedure in a young woman, which required conversion to a total hip arthroplasty.  The plaintiff claimed that the resurfacing procedure was contraindicated based …

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 …

Matthew J. Egan and Quinn P. Donnelly were successful in the Circuit Court of Cook County in obtaining the dismissal with prejudice of a business owner’s claim that the firm’s client, an insurance broker, negligently failed to procure insurance coverage for the substantial losses the business sustained after it was forced to close in March 2020 in accordance …

Matthew Tibble and Alex Beehler obtained summary judgment on behalf of a logistics company accused of negligence in a lawsuit where the plaintiff sought to recover for injuries allegedly sustained after falling. The logistics company faced two counts alleging negligence. One count alleged respondeat superior liability on the theory that employees of the logistics company created a defective …

Kayla A. Condeni and Matthew J. Egan were successful in the Circuit Court of Cook County in obtaining the dismissal with prejudice of all claims against an attorney and a law firm arising from their representation of the plaintiffs in a medical malpractice case that was settled shortly before trial commenced. The plaintiffs asserted claims …

Aubrey Sudomier and Tom Draths recently defeated a claim involving a road rage incident. Through their factual development and aggressive advocacy, Aubrey and Tom established that their opponent’s apparent agency theory did not have a legal basis to proceed beyond its earliest stages.  Aubrey and Tom’s client was dismissed from the case.  

Pretzel & Stouffer teammates John Scheid, Tom Draths, and Rich Burgland recently defeated an effort to enjoin their client’s $70 million public works project. In response to their opponent’s request for temporary restraining orders and injunctive relief, John, Tom, and Rich acted quickly and efficiently to gather evidence to support their arguments that the project’s …

Brian Henry and Alexander Beehler successfully defended a pulmonologist and medical group in a lawsuit filed by a plaintiff who alleged that a surgical procedure caused partial paralysis along with bowel and bladder dysfunction. After the medical negligence lawsuit proceeded through expert discovery, the plaintiff voluntarily dismissed the claims against the pulmonologist and medical group …

Quinn Donnelly and Patrick Healy obtained the immediate dismissal with prejudice of a Complaint against a municipality that sought to recover for injuries allegedly sustained when the plaintiff crashed his motorcycle on a municipal roadway. Quinn and Pat argued that the plaintiff’s claims against the municipality were time-barred under the one-year statute of limitations set …

Tom Draths, Jack Lonquist, and Aubrey Sudomier recently prevailed in a case in which the injured party claimed negligence resulting in multiple leg fractures and surgeries that allegedly left him permanently disabled.  Through their aggressive investigation, factual development, and motion practice, Tom, Jack, and Aubrey convinced two separate judges that plaintiff’s theories of liability were …

Richard M. Waris, Brendan J. Nelligan, and Quinn P. Donnelly obtained the dismissal with prejudice of a complaint filed against an insurance broker alleging that the broker was negligent in procuring coverage and negligently misrepresented the scope of the coverage procured, when the insured was denied coverage for economic losses they allegedly sustained as a …

James Sipchen and Quinn Donnelly were successful in obtaining the dismissal with prejudice of a Complaint filed against an attorney and the attorney’s law firm alleging that they tortiously interfered with the distribution of assets pursuant to a Transfer on Death agreement. While the lawsuit was originally filed in the Circuit Court of Cook County, …

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 …

Pretzel & Stouffer partners Matthew J. Egan and Brendan Nelligan recently prevailed in federal court on behalf of the firm’s client, an attorney, who had been appointed by a state circuit court judge to serve as the child’s representative in a contentious domestic relations case to which the plaintiff was a party. The plaintiff, who was also the petitioner …

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 …

John Smith and Ryan Shupe recently obtained dismissal of their orthopedic surgery client in a lawsuit alleging medical malpractice.  The plaintiff claimed that postoperative ordering and administration of pain medications caused cardiac arrest, hypoxic brain damage, and death.  John and Ryan litigated the case for several years, through extensive discovery, discovery disputes, and an appeal.  …

  James J. Sipchen and Kayla A. Condeni successfully defended an attorney subject to a Rule 137 Motion for Sanctions that sought three years’ of attorneys’ fees incurred in defending a defamation lawsuit totaling hundreds of thousands of dollars. After prevailing on a motion dismiss the defamation claim on the grounds of the absolute privilege, …

Matthew Egan, recently secured dismissal with prejudice of an attorney who represented a group of investors in a large commercial real estate development. The plaintiffs alleged that the attorney was negligent in structuring several corporate and real estate transactions, causing the investors to be exposed to personal tax liability for millions of dollars in TIF …

Timothy Weaver 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, repeat low back disc herniation in order to suit his surgical schedule, thereby causing permanent foot paralysis (drop foot), gait abnormalities, and related …

 John Smith  and Ryan Shupe recently secured a victory for their general surgery client in a case alleging medical malpractice. The plaintiff claimed that a surgical procedure and postoperative care caused the patient’s death. John and Ryan undertook discovery efforts for several years of litigation. These efforts included obtaining concessions from treating physicians and experts, …

Pretzel & Stouffer attorneys, John Smith and Ryan Shupe, recently secured a victory for their general surgery client in a case alleging medical malpractice. The plaintiff claimed that a surgical procedure and postoperative care caused the patient’s death. John and Ryan undertook discovery efforts for several years of litigation. These efforts included obtaining concessions from …

Jim Sipchen prevailed at trial on a legal malpractice claim that alleged his client was negligent in handling a commercial real estate closing for a below-grade commercial unit located in a high rise residential condominium building in Chicago’s Gold Coast neighborhood. The plaintiffs alleged that the attorney committed malpractice by not investigating the property’s zoning prior …

Brian T. Henry has recently successfully defended three physicians in cases alleging professional negligence. In each case, the jury returned a verdict for the defendant doctor. Mr. Henry represented an Internist in a case where the plaintiff alleged a failure to refer the patient to a vascular surgeon for treatment of a pseudoaneurysm after a CT …