Appellate Law

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Experience in Appellate Law

Employment Discrimination Case Filed by Professor Against College and Administrators

Gillard v. Bd. of Trs., 393 Fed. App'x. 399 (7th Cir. 2010). 

Obtained dismissal with prejudice of employment discrimination suit filed by college professor against college and administrators for alleged violations of Title VII of the Federal Civil Rights Act and Age Discrimination in Employment Act. Prevailed on plaintiff's appeal to the U.S. Court of Appeals for the Seventh Circuit.

Union Contract Wage Dispute

Uehlein v. Shwachman, 156 Ill. App. 3d 274, 509 N.E.2d 493 (Ill. App. Ct. 1st Dist. 1987).

Obtained dismissal of action in favor of condo association in action to recover wages by janitors pursuant to their union contract. Successfully defended dismissal on appeal. 

Cessna 421B Accident at Palwaukee Municipal Airport, Wheeling, Illinois

Waugh v. Morgan Stanley & Co., 2012 IL App (1st) 102653, 966 N.E.2d 540 (Ill. App. Ct. 1st Dist. 2012).

Represented aircraft operator in litigation arising out of crash of Cessna 421B airplane at Palwaukee Municipal Airport, Wheeling, Illinois. Represented aircraft operator in issue of first impression in the State of Illinois concerning the scope of the educational malpractice doctrine in aviation cases.

Aviation Insurance Coverage Dispute

Forum Ins. Co. v. Seitz Aviation, Inc., 241 Kan. 334, 737 P.2d 29 (Kan. 1987).

Represented aviation insurer in appeal of coverage dispute before the Supreme Court of Kansas.

Gulfstream G-IV Accident at Palwaukee Municipal Airport, Wheeling, Illinois

Anderson v. Alberto-Culver USA, Inc., 317 Ill. App. 3d 1104, 740 N.E.2d 819 (Ill. App. Ct. 1st Dist. 2000); Anderson v. Alberto-Culver USA, Inc., 337 Ill. App. 3d 643, 789 N.E.2d 304 (Ill. App. Ct. 1st Dist. 2003); Alberto-Culver Co. v. Aon Corp., 351 Ill. App. 3d 123, 812 N.E.2d 369 (Ill. App. Ct. 1st Dist. 2004).

Represented business jet operator in mishap involving a Gulfstream G-IV at Palwaukee Municipal Airport, Wheeling, Illinois. Successfully represented executive flight department and its insurer in various appeals before the Illinois Appellate Court, including obtaining affirmance of favorable jury verdict in wrongful death litigation, reversal of tort immunity finding in favor of co-defendant, and complete reversal of trial court's adverse coverage ruling.

Kenyan and Tanzanian Embassy Bombings

Owens v. Republic of the Sudan, Nos. 05-5173, 06-5079, 2007 U.S. App. LEXIS 30008 (D.C. Cir., Dec. 27, 2007); Owens v. Republic of the Sudan, Nos. 05-5173, 06-5079, 2008 U.S. App. LEXIS 2515 (D.C. Cir., Jan. 30, 2008).

Represented U.S. Government employees injured in 1998 Kenyan and Tanzanian Embassy Bombings.

Action To Recover Profits of Joint Venture

In re Estate of Jacobs, 189 Ill. App. 3d 625, 545 N.E.2d 502 (Ill. App. Ct. 1st Dist. 1989).

Successfully represented the spouse of the decedent who was a member of a joint venture. Obtained the decedent's share of the joint venture's profits. Prevailed in preserving judgment on appeal.

Boeing 737 Accident at Douala International Airport, Douala, Cameroon

Pettitt v. Boeing Co., 606 F.3d 340 (7th Cir. 2010), remanded to 2010 U.S. Dist. LEXIS 102235 (N.D. Ill. Sept. 28, 2010).

Obtained dismissal on forum non conveniens grounds for U.S. aircraft component part manufacturer in litigation involving crash of Kenyan airline operated  Boeing 737 at Douala International Airport in Cameroon.

Breach of Contract Class Action Regarding Baggage Fee

Barber v. American Airlines, Inc., 241 Ill. 2d 450 (2011).

Obtained dismissal of a class action complaint for breach of contract based upon the "pick-off" exception to class certification and established Illinois precedent regarding same. Successfully represented air carrier before the Illinois Supreme Court, which issued a unanimous opinion dismissing plaintiffs' putative class action complaint and reversing Illinois Appellate Court's opinion.

Alleged Racial Discrimination Related to Passenger Removal From AircraftAl-Watan v. American Airlines, Inc., 658 F. Supp. 2d 816 (E.D. Mich. 2009).Obtained summary judgment on behalf of commercial air carrier in discrimination and racial profiling litigation stemming from carrier's decision to remove several passengers from an aircraft.

Wrongful Death Action of Minor Child

Ross v. United Techs. Corp., No. 96-16580, 1997 U.S. App. LEXIS 27964 (9th Cir. Oct. 9, 1997). 

Successfully obtained dismissal of wrongful death action of a minor based on application of choice of law principals to show that plaintiff did not have standing to bring the action. Prevailed on plaintiff's appeal to the U.S. Court of Appeals for the Ninth Circuit. 

Breach of Contract Action Regarding Medical Billing Practices

Ctr. for Athletic Med., Ltd. v. Indep. Med. Billers of Ill., Inc., 383 Ill. App. 3d 104, 889 N.E.2d 750 (1st Dist. 2008).

Successfully represented medical billing company and obtained summary judgment in multi-million dollar breach of contract case relating to alleged errors in medical billing practices. Prevailed on plaintiff's appeal to the Illinois Appellate Court.

Tort Reform Statute Modifying Joint and Several Liability Dispute Involving the Tucson Airport Authority

Yslava v. Hughes Aircraft Co., 188 Ariz. 380, 936 P.2d 1274 (Ariz. 1997). 

Represented party before Arizona Supreme Court in question certified by federal court regarding tort reform statute modifying joint and several liability.

Disappearance of Laptop Computers During Air TransportNippon Fire & Marine Ins. Co. v. Skyway Freight Sys., 235 F.3d 53 (2d Cir. 2000).

Obtained summary judgment for a cargo carrier in litigation arising out of the alleged disappearance of over $500,000 in laptop computers. Successfully defended appeal.

Insurance Coverage Action Related to Crash of Airplane Into House

Avemco Ins. Co. v. Coupe, Nos. 99-1549, 99-1590, 2000 U.S. App. LEXIS 25470 (6th Cir. Oct. 3, 2000).

Obtained summary judgment on behalf of aviation insurer in a coverage action related to crash of airplane into house. Prevailed on plaintiffs' appeal to the U.S. Court of Appeals for the Sixth Circuit.

Runway Collision at Quincy Municipal Airport, Quincy, Illinois

Johnson v. United Airlines, 203 Ill. 2d 121, 784 N.E.2d 812 (Ill. 2003); Reliance Nat. Ins. Co. v. Great Lakes Aviation, Ltd., 12 F. Supp. 2d 854 (C.D. Ill. 1998); Reliance Nat. Ins. Co. v. Great Lakes Aviation, Ltd., 430 F.3d 412 (7th Cir. 2005); Reliance Nat. Ins. Co. v. Great Lakes Aviation, Ltd., 340 F. Supp. 2d 936 (C.D. Ill. 2004),rev'd, 430 F.3d 412 (7th Cir. 2005).

Represented airline and flight crew in litigation arising out of a 1996 runway collision between a Beech 1900C airliner and a Beech King Air A90 at Quincy Municipal Airport in Quincy, Illinois. Represented the interests of airline and flight crew in various appeals before the Illinois Appellate Court, the Illinois Supreme Court, and U.S. Court of Appeals for the Seventh Circuit.

Crushed Foot Injury Caused by Large ContainerObtained a favorable jury verdict in case where plaintiff suffered a crushed foot from a large container. Case settled during pendency of appeal brought by plaintiff.