Results
- Obtained favorable opinion from the Illinois Appellate Court, Fifth District. This case, a matter of first impression in Illinois, involved National Bank Act Preemptions and the application of the Riegal Niel Act and Illinois State Parity statutes to an out-of-state bank. It was the first and only case of its kind in Illinois. [Johnson v. First Bank, 382 Ill.App.3d 907, 89 N.E. 2d 233, 321 Ill. Dec. 329 (5th Dist. April 18, 2008)]
- Successfully argued against class certification. Plaintiff argued defendant engaged in a “Silent PPO” and unjustifiably reduced payments to the class through applying PPO discounts it did not deserve. The Southern District of Illinois court found that plaintiff’s claims for breach of contract, unjust enrichment, and ICFA (Illinois Consumer Fraud Act) violations were not subject to common proof and therefore denied plaintiff’s motion to certify the class. (Roche v. Zenith)
- Part of trial team that successfully defended nationwide class action jury trial in St. Clair County, Illinois. Verdict was affirmed on appeal. (Craft v. Allstate)
- Part of trial team that successfully represented Zimmer, Inc. in multiple jury trials in St. Clair County, Illinois. All trials ended in defense verdicts. (Santas v. Zimmer, Inc.)
- Successfully defended a Class Action Fairness Act removal, including before the United States Court of Appeals for the Seventh Circuit. [Spivey v. Vertrue, 528 F.3d 982 (7th Cir. 2008)]
- Obtained orders dismissing cases on the merits, all prior to plaintiff moving for class certification. (Vardell v. Union Planters (2006); Hicks v. UPS (2007); Knight v. Sprint (2006); Agney v. National City)
- Other appellate decisions with which he’s been involved:
- Howland v. Stonewolf (2004)
- Brown v. RBMG (2007)
- Hill v. Chase (2008)
- First Bank v. DJL Properties, 598 F.3d 915 (7th Cir. 2010)
- Kesha Manning v. BA-2003 Limited Partnership, et al. (2010)
- Coy Chiropractic Health Center, Inc., Richard Coy, D.C., and Frank C. Bemis & Associates v. Travelers Casualty and Surety Company and The Travelers Indemnity Company (5th Dist. 2011)
- Campbell v. F.D.I.C., 676 F.3d 615 (7th Cir. 2012)
- AT&T Internet Services, et al. v. Hon. Robert L LeChein. Supreme Court granted supervisory order, June 27, 2012, No. 114334
- Lightspeed Media Corp. v. AT&T Internet Services, et al., Illinois Appellate Court, Fifth District, August 31, 2012, No. 2012 IL App (5th) 110566-U
- Phillips v. Prudential Ins. Co. of America, 714 F.3d 1017 (7th Cir. 2013)
- Lightspeed Media Corp. v. Smith, et al., 2014 WL 1244079 (7th Cir. 2014). Motion for contempt granted
- Eike, et al. v. Allergan, Inc., et al., 850 F.3d 315 (7th Cir. 2017)
Honors & Awards
- AV Preeminent® Attorney by Martindale-Hubbell
- Best Lawyers in America (2018-2026)
- Lawyer of the Year – Litigation-Insurance (St. Louis) (2022)
- Illinois Leading Lawyer (2010-2025)
- Top 10 Leading Business Lawyers-Downstate Illinois (2018)
- Illinois Super Lawyers (2010-2011, 2013-2026)
Professional Associations
- American Bar Association
- Association of Defense Trial Attorneys
- Bar Association of Central and Southern Illinois
- Defense Research Institute
- DRI Law & Public Policy Class Action Task Force
- East St. Louis Bar Association
- Federation of Defense & Corporate Counsel
- Illinois Association of Defense Trial Counsel
- President (2015-2016)
- President Elect (2014-2015)
- First Vice President (2013-2014)
- Second Vice President (2012-2013)
- Secretary/Treasurer (2011-2012)
- Board of Directors (2004-2011)
- Illinois State Bar Association
- International Association of Defense Counsel
- Madison County (Illinois) Bar Association
- Northern District of Illinois Trial Bar
