Practice Areas

Serving Specialized Industries With Uncommonly Broad Vision And Skill

While offering a full array of legal services in a wide variety of industries, MM&K's concentrated background has built a premier Illinois practice representing healthcare clients, general liability clients, municipal clients and their insurers. The firm has four leading practice groups: the Health Care Group, concentrating in nursing homes and assisted living consulting and litigation, as well as medical malpractice involving doctors, hospitals and other health care professionals; the General Liability Group, concentrating in the defense of tort claims arising under commercial liability insurance policies for insurers, self-insureds, and insureds carrying high self-insured retentions; the Municipal Liability Group, concentrating in the defense of police officers, police departments, school districts and municipalities in claims involving police misconduct, school and municipal tort liability; and the Professional Liability and Insurance Coverage Group, concentrating in professional liability claims against a wide array of fiduciaries including attorneys, insurance agents, accountants and appraisers, as well as insurance coverage litigation and consulting on all lines of coverage such as general liability, errors and omissions, environmental and specialty risks.

PRACTICE GROUP 1: HEALTHCARE & NURSING HOME DEFENSE

MM&K represents nursing home clients and their personnel in civil litigation on cases related to negligence and violations of the Illinois Nursing Home Care Act and OBRA regulations. The attorneys in the firm's Healthcare Group possess a thorough understanding of the Illinois Nursing Home Care Act. MM&K have been representing nursing homes for over 2 decades, developing a keen understanding of the standards and regulations affecting clients' businesses. Our success at both the trial and appellate level is a direct reflection on this concentrated experience. No law firm in Illinois has more experience in representing the nursing home industry.

Assisted Living Facilities

As one of the few firms to offer litigation experience in the new field of assisted living, MM&K brings a similar depth of understanding to clients with legal issues arising from the newly enacted assisted living statute. The firm's staff of attorneys is in the vanguard of this rapidly evolving landscape, providing insight and advice on the latest standards, regulations and rulings.

Doctors, Hospitals and Health Maintenance Organizations

Our lawyers have litigated and tried to verdict cases filed against doctors in most fields of medicine, including psychiatrists, psychologists, orthopedic surgeons, obstetricians, gynecologists, internists, neonatologists, pediatricians, oncologists, radiologists, anesthesiologists, cardiologists, and emergency medicine specialists. We pride ourselves in having established a winning track record in this field of concentration and our doctors have responded to our work with confidence, respect and loyalty. Similarly, our lawyers have handled the defense of various hospitals, including medical care institutions and psychiatric institutions, their nurses, residents, technicians, and other employees.

Finally, our lawyers have handled numerous cases in the defense of HMOs, their doctors, nurses and other employees. We have developed a concentration in this area of the law, and we understand the intricacies of the governing rules and regulations as well as the caselaw in this rapidly evolving field, in which Illinois has been on the cutting edge in both our State and Federal courts.

Nurses and Healthcare Professionals

MM&K also defends nurses, physicians, physical therapists and other healthcare professionals in civil litigation arising out of medical and nursing disputes. The firm's attorneys have extensive experience in serving these clients in a variety of settings - nursing homes, hospitals and home healthcare - that has produced a verdict and settlement record well above industry standards.

PRACTICE GROUP 2: GENERAL LIABILITY DEFENSE AND FIRST PARTY PROPERTY

Construction Liability

Attorneys at MM&K have litigated construction liability cases successfully at both the trial and appellate level. Our partners have successfully tried to verdict both injury and property cases large and small involving road, bridge, hi-rise, low-rise, apartments and other dwellings, hoists, scaffolds and many other types of construction, and we offer our clients a record of success unmatched in Chicago from the standpoint of cost-effective results. We are national defense counsel for a major Midwest general contractor. Construction cases are unique from an economic perspective in that they typically involve more theories, and more parties, than the case itself often justifies. This area of litigation requires an enlightened, cost-conscious yet firm approach to litigation management, due to the complexity of pleadings, parties and the frequent "shotgun approach" used by many plaintiffs' attorneys in Illinois.

We also bring substantial insurance coverage experience in the construction area regarding Institute tenders, additional insured endorsements and GL coverage issues for clients both sides in tender situations. On the claims side, our attorneys are skilled at honing in on the important issues quickly, delivering cost-effective results by managing claims from a "bottom line" perspective-the same way our clients usually view them. We are not afraid to settle cases that do not justify the litigation expense, and we have the experience and track record to confidently try jury cases if the cost of defense is justified and the case presents a sufficient exposure.

Products Liability

The spectrum of cases we have handled in the products liability area is deep and wide, reflecting our long experience working for insurers of products across the United States. We litigate cases for and against manufacturers, distributors, and sellers in claims involving strict liability, negligence and breach of warranty, including catastrophic losses and mass tort claims. To give a few examples of the breadth of our experience in this area, we have been national defense counsel for a seat belt manufacturer, litigated cases involving vehicular gas tanks, punch presses, extruders, power tools, trench diggers, roller coasters and amusement rides and seating products in vehicles and stadiums. We have also litigated a range of chemical exposure cases including asbestos, lead, latex gloves and a wide variety of industrial chemicals and solvents. We have established a proven track record of successfully defending products cases and are frequently retained by the same manufacturers on a repeat basis due to our unique and cost-effective approach to litigation in this area.

Transportation Liability

Many of our partners obtained their early trial experience litigating and trying to verdict cases in the area of transportation liability, and we bring a high level of competence and success to the area of transportation liability. We defend trucking companies, car rental companies, bus companies, and common carriers of all kinds including limousine, hazardous material transporters and automobile manufacturers under both state and federal laws governing the transportation of people and goods in interstate commerce.

Premises Liability

In the area of premises liability, we have defended virtually every conceivable type of property owner and user in court and have developed a proven track record of settlements and trials that has instilled a high level of confidence with our property liability clients. We have defended gas stations, apartment owners, high rise and industrial developers, country clubs, shopping mall owners and operators and many others. If you are a property owner in Illinois, you are likely familiar with the fact that getting sued is now an unfortunate but accepted cost of doing business. Fortunately, premises liability is also one of the most highly developed areas of tort law, and the reported cases and statutes offer the creative, aggressive defense lawyer many tools to successfully defend your case in both motion court and the courtroom. We are often victorious in this type of litigation on motions for summary judgment and often recommend, more than some other areas of tort law, aggressively defending these cases at all stages of the case due to the favorable defense weapons available throughout the case. Juries have proven to be very fair to the defendants in premise cases. We offer our premises defendants the highest quality defense in the courtroom, taking advantage of favorable case law and the positive attitudes from juries to deliver a track record of outstanding results for our clients.

First Party Property

Achieving competence in first party property claims requires an intimate knowledge of not only the substantive area of law, whether products liability, premises, transportation or cause and origin, but also a thorough understanding of first party coverage from the perspective of the insurer. Our partner Howard Krauskopf has developed a national expertise in handling first party losses through his long service as National Legal Services Officer for one of the largest property and casualty insurers in the United States. Through his experience gained from the client perspective, he brings a high level of sophistication and insight to first party claim handling, having litigated, supervised litigation, drafted and interpreted coverage forms in this area for a number of years. Our team of first party experts offers a level expertise and industry insight unmatched in Illinois.

While National Legal Services Officer, Howard Krauskopf developed an intimate knowledge of the property insurance policy, the substantive area of insurance law, and the unique issues involved in first party property coverage. Howard provided counsel to the property claims departments and has given seminars on appraisal and arbitration; first party coverage issues; fraud and arson and cause and origin matters. He has conducted numerous Examinations Under Oath (EUO) and issued many coverage opinions for first party property carriers facing various unique issues arising out of the relationship between the insurer and insured. Howard brings a high level of sophistication and insight to this area of the law having litigated, supervised litigation, drafted and interpreted coverage forms in this area. number of years. He is familiar with a wide variety of first party property policies and has conducted nationwide coverage analysis in this specialty area of insurance law. Our first party expertise offers high quality and knowledge to our clients.

PRACTICE GROUP 3: MUNICIPAL LIABILITY DEFENSE

MM&K defends police departments and municipalities on cases involving racial profiling, police misconduct, excessive force, police pursuits, deprivation of medical care, unlawful arrest, and other lawsuits. As one of the very few firms with experience litigating these challenging cases, MM&K provides police officers, village managers, insurers and risk managers with a sharp understanding developed by many years of experience in the field. MM&K also provides regular seminars in this field and offers clients an invaluable resource of contacts and experts.

Employment Law

Employment law covers a complex network of laws that controls how employers must treat employees, former employees, and applicants for employment. Our attorneys have significant experience in interpreting and construing state and federal statutes and case law in areas such as employment discrimination, affirmative action, sexual harassment, employee benefits, whistleblower litigation, wrongful discharge, employment contracts, the Americans With Disabilities Act, the Family Medical Leave Act, the Worker Adjustment and Retraining Notification Act, the Federal Employer's Liability Act, the Occupational Safety and Health Act, and special laws governing municipal employment.

Townships, School Districts and Other Public Entities

The firm also represents village managers, townships and other municipal officials in civil liability cases stemming from variety of civil torts covered by the Illinois Tort Immunity Act. An expert understanding of the changing legal landscape of local governments has allowed MM&K to successfully litigate numerous cases for a broad range of both large city and small village clients.

Finally, the firm also represents school districts and their boards in civil litigation arising out of a variety of constitutional torts such as claims involving the Individuals with Disabilities in Education Act ("IDEA"), Americans with Disabilities Act ("ADA"), and Section 504 of the Rehabilitation Act of 1973, as well as claims for breach of contract and violation of procedural due process asserted by teachers and administrators during and after their employment with school districts.

PRACTICE GROUP 4: PROFESSIONAL LIABILITY AND INSURANCE COVERAGE

Insurance Coverage

MM&K interprets and litigates insurance coverage matters across the entire line of ISO standard and non-standard coverage forms. Our coverage attorneys have served as coverage counsel to major national and international insurers and reinsurance companies. Our attorneys have successfully litigated a wide range of coverage related issues involving liability, environmental, life and specialty lines policies. We have provided carriers with an extensive range of coverage opinions and support in personal, commercial and specialty lines of business, including product liability, trucking, nursing home and construction litigation. Our attorneys bring a unique perspective to coverage disputes from having served as in-house coverage counselors to major carriers.

Professional Liability

MM&K litigates and provides ancillary legal services for professional liability claims involving attorneys, insurance agents and brokers, real estate agents and appraisers, accountants and other professionals. Our extensive experience in defending professional liability claims gives us the ability to provide top level service with economy and efficiency. Early case evaluation, litigation plans and alternative fee arrangements assist clients in resolving cases quickly and within budget. We also have a superb track record of obtaining favorable settlements for our clients at the earliest opportunity whenever possible.

We handle professional liability claims nationwide as attorneys with front line responsibility. Our practice encompasses representation before the trial courts and courts of review, as well as alternative dispute resolution and professional disciplinary boards.

Our legal professional liability experience includes cases involving federal securities laws, patents, lender liability, ERISA plans, wills, trusts and estates, fiduciary liability, appellate practice, personal injury, worker's compensation, and general corporate and civil practice. Our attorneys have handled claims against insurance agents involving the procurement of health, life and disability insurance and cases related to group insurance, defamation, breach of fiduciary duty and violations of securities laws.

SEE Myers Miller & Krauskopf, LLC ATTORNEY PROFILES FOR MORE DETAILED INFORMATION ON THE BACKGROUND AND EXPERIENCE OF OUR ATTORNEYS

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