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Special Events

Vivian Tarver-Varnado served as a Judge for the Fifth Annual John Marshall Law School National Undergraduate Mock Trial Competition. The mock trial included 53 undergraduate participants of 18 teams. The mock trial was held April 4, 2008 and April 5, 2008.

David E. Morgans and Mary Spring Luce have litigated an insurance coverage case that resulted in a first-of-its-kind Illinois opinion on the topic of an insurer's control of the defense following the issuance of a reservation of rights letter. In Great West Casualty Co. v. DeKeyser Express, Inc., , 475 F.Supp.2d 772 (C.D.Ill., November 29, 2006), firm client Great West contended that it could direct its defense counsel to move to dismiss a covered count while refraining from moving against the remaining, non-covered count (there being no legal basis upon which to move for dismissal). The insured argued that such a tactic showed that the insurer was operating under a conflict of interest, entitling the insured to control its defense via Peppers counsel. While the court ultimately found, on other grounds, that Peppers counsel should be retained, it weighed in as follows: "Furthermore, any good defense attorney should try to get dismissible claims dismissed and succeeding is hardly grounds for accusing an attorney of not acting in the insured's best interest or for throwing out an insurer's right to control litigation." For years, ethics-minded defense attorneys have debated this particular problem back and forth. Now, we finally have a published opinion that provides insight on a ticklish issue.

J. Scott Myers continues in his appointment to the Legal Task Force of the Illinois Health Care Association. This ongoing appointment provides Scott with a forum to continue his work providing guidance and counsel to nursing home owners, administrators and insurers as an expert in the evolving field of Nursing Home and Assisted Living Litigation. Scott has been recognized nationally through his various speaking invitations and his organizational work with owners and insurers as one of Illinois' foremost experts in this burgeoning field.

Robert A. Dawczak argued and won the case of Berg v. Allied Security in the Illinois Supreme Court. Berg involved a plaintiff who complained of being assaulted in the parking lot of an office complex. The defendants obtained summary judgment and the plaintiff appealed. The appellate court reversed and the defendants appealed to the Illinois Supreme Court. The Supreme Court initially ruled against the defendants and affirmed the reversal. On the defendant's motion to reconsider, the Supreme Court accepted the petition, reversed itself and entered judgment for the defendant. Berg v. Allied Security, 193 Ill. 2d 186, 737 N.E.2d 160 (2000).

Robert A. Dawczak successfully prosecuted an appeal before the Illinois Appellate Court for the First District in a case of first impression dealing with the issue of apportioning fault on the verdict form against the plaintiff where a case proceeds to trial only on a third party complaint for contribution. In Ewanic v. Peppers, 305 Ill. App. 3d 564, 712 N.E.2d 852 (1st Dist. 1999), the First District held that where a defendant settles with plaintiff and then goes to trial on a third party complaint for contribution, the plaintiff's percentage of fault is not apportioned by the jury on the verdict form, since the plaintiff's fault is already taken into account in the settlement amount paid by defendant to the original plaintiff, and cannot be "double counted" for the benefit of the non-settling third party defendant.

Verdicts

In October, 2009 Stephen R. Miller and Nikoleta Lamprinakos obtained a “not guilty” verdict in a securities fraud case after a four day jury trial before Judge Matthew Kennelly in U.S. District Court for the Northern District of Illinois. In Donald Willer v. Civil Contractor and Engineers, Inc. and Mukesh Jhaveri, No. 07 C 3395 the plaintiff, a long-time business partner of the defendant Jhaveri, owned 24.5% of the stock in the company they started together pursuant to a stock subscription agreement. Some years later the parties entered into a “buy-sell” agreement allowing either partner to sell or “put” his shares back to the company at a price to be determined by an independent appraisal. Plaintiff exercised his “put option,” waived his right to an independent appraisal, and negotiated directly with the Defendant to reach the final price of $310,000. He then received payments of $245,000 toward the sale of his shares, but 1 ½ years later sued, claiming the Defendant defrauded him under Rule 10b-5 of the Securities Exchange Act and the Illinois Securities Act by misrepresenting the company’s “true value” and refusing to provide him with the accounting documents that would have revealed this information. Defendant contended that all relevant facts were disclosed to the Plaintiff, who had access to the same documents and materials as the Defendant in valuing the company, and the transaction price was agreed upon at arm’s length after extensive negotiations. The jury deliberated for 55 minutes. Plaintiff had demanded $700,000 before trial and rejected a Rule 68 Offer of Judgment worth approximately $420,000 ($250,000 plus reasonable attorneys’ fees).

In November, 2007 Stephen R. Miller obtained a “not guilty” jury verdict in an age discrimination case in U.S. District Court for the Northern District of Illinois before Judge Matthew Kennelly. In Gregory Marthaler v. Glenbard High School District 87, No. 06 C 3332, plaintiff alleged that Glenbard, the third largest district in the state, committed age discrimination when it fired him at age 53 after 21 years as a teacher. Marthaler claimed he was fired after reaching the top of the pay scale at a time when the district’s budget was under severe pressure and two tax hike initiatives had failed. The District argued that it terminated him due to his poor teaching caused by various factors, and despite attempts to improve his deficiencies through the remediation process required under the Illinois School Code and the collective bargaining agreement. The case posed a significant financial risk to the District due to plaintiff’s high salary ($99,606), the potential for two years of back pay, up to ten years of claimed front pay, reinstatement and statutory attorney’s fees. An even greater challenge was posed by the fact that Plaintiff’s counsel, Professor Richard Gonzalez of the IIT Chicago-Kent School of Law, had obtained a prior jury verdict for age discrimination against Glenbard seven years earlier; however, carefully crafted motions in limine muted the impact of the prior verdict.

In May, 2004 Stephen R. Miller obtained a directed verdict for the defense in favor of Bolingbrook Police Officers Charles Novy and Luis Escobar in a jury trial of the case entitled Michael Davis v. Bolingbrook Police Officers Charles Novy and Luis Escobar, Case No. 03 C 0572, filed in U.S. District Court for the Northern District of Illinois. MMK was brought into the case as special trial counsel for the defense and proceeded to trial before Federal Magistrate Judge Arlander Keys. The plaintiff claimed false arrest and unlawful search and seizure following a traffic stop that eventually resulted in a complete search of his vehicle, where the officers had received a report of individual taking photos of children. Following the search of the vehicle, the officers requested and plaintiff consented to a search of his residence, but later claimed the consent was coerced and the officers violated his constitutional rights. At the close of the plaintiff's case in chief, Judge Keys commented during his ruling from the bench that this was the first motion for a directed verdict he had ever granted to the defense in his nine years on the Federal bench. Plaintiff rejected an early offer of judgment of $10,000 and never reduced his pre-trial demand of $250,000.

In March, 2003 Stephen R. Miller and Jason M. Sax obtained a jury verdict in favor of Earl Filskov in the case entitled Eddie Crockett v. Earl Filskov, Case No. 00 C 4542, filed in U.S. District Court for the Northern District of Illinois. The plaintiffs claimed false arrest and excessive force claim during plaintiff's arrest. The jury rejected plaintiff's demand of $300,000 and entered a verdict in the amount of $5,500. Due to early offer of judgment ($10,500), plaintiff received only a minute portion of his attorney's fees, well below predicted range to carrier and well under verdict potential before trial.

In October, 2002 Stephen R. Miller obtained a "not guilty" verdict in favor of Melrose Park police officer John Fitzgerald in the case entitled Dora Felella and Nicholas Felella v. Melrose Park Police Officer John Fitzgerald, Case No. 00 C 4986, filed in U.S. District Court for the Northern District of Illinois. The plaintiffs claimed Officer Fitzgerald used excessive force against them while he was attempting to arrest Mr. Felella, a long-term manic depressive mental patient who had struck 9 cars, including two police cars, during a manic episode. The jury rejected all of the plaintiffs' claims, and found that Officer Fitzgerald did not use excessive force while arresting Mr. Felella and did not strike or beat Mrs. Felella with the butt of his gun, as plaintiffs had alleged.

In June, 2002 J. Scott Myers obtained a "not guilty" verdict in favor of Covenant Ministries in the case entitled Plechaty v. Covenant Ministries, Case No. 00 LK 0200, filed in the Circuit Court for the Sixteenth Judicial Circuit, Kane County, Illinois. Plaintiffs, 89, was a volunteer worker in a retirement hotel facility, tripped and fell over a rubber mat in a hallway. Defendant denied liability. Fractured hip, dropped foot, $126,000 medicals. Demand $175K, Offer: None. Asked: $378K.

Speaking Engagements

September 16, 2008
J. Scott Myers spoke by invitation at the Life Service Network Foundation, Senior Living Conference. His presentation was entitled "Tips to Stay out of Court."

April, 2008
Vivian Tarver-Varnado spoke by invitation at Truman College on the Legal Aspects of Nursing.

January, 2008
Vivian Tarver-Varnado spoke by invitation at John Marshall Law School. Her presentation was entitled "Taking and Passing the Bar the First Time."

October 18, 2007
J. Scott Myers and Laura Lally spoke by invitation at the PCRRG national Risk Management Fall Forum. Their presentation was entitled "Critical Event Management."

April, 2007
Vivian Tarver-Varnado spoke by invitation at Truman College on Avoiding Litigation in Nursing.

January 11 and 17, 2007
J. Scott Myers spoke by invitation at the Illinois Institute for Continuing Legal Education, Negligence Seminar. His presentation was entitled "Preparing the Case for Defense."

November 9, 2005
J. Scott Myers spoke by invitation at the Assurance Eduational Seminar, Senior Care Strategies: Regulations, Liability, Loss Prevention and Workers' Compensation. His presentation was entitled "Managing Facility Risk, Conducting the Internal Investigation."

September 14, 2005
Laura Lally spoke by invitation at the Illinois Health Care Association. Her presentation was entitled "Conducting the Internal Investigation: Risk Management, Strategies for Peer Review and Quality Improvement."

March 9, 2005
J. Scott Myers testified by invitation at the State of Illinois Senate Judiciary Committee, Hearings on Medical Malpractice Reform. His remarks to the Committee pertained to legal aspects related to reform for nursing homes in Illinois.

May 5, 2004
J. Scott Myers spoke by invitation at the AssureCare Members Seminar regarding conducting the internal investigation.

March, 2004
J. Scott Myers spoke by invitation at the Renaissance at South Shore Annual Physician's Dinner regarding nursing home litigation: facility and physician liability.

February, 2004
J. Scott Myers spoke by invitation at the Illinois Counsel on Long Term Care. His presentation was entitled "The Witness Stand: Every Nurse's Nightmare."

September 19, 2003
Stephen R. Miller spoke by invitation at the Illinois Municipal League Annual Conference at the Hilton and Towers in Chicago. They conducted two seminars, one for municipal officials and one for village attorneys and legal departments, on the subject "Balancing Terrorism Concerns and the Constitutional Rights of Citizens: Biased-Based Policing in the Aftermath of 9/11."

May 20, 2003
J. Scott Myers spoke by invitation at the Illinois Association of Certified Public Accountants annual meeting. He addressed issues relating to health care law and nursing home statutory developments and litigation.

March, 2003
J. Scott Myers spoke by invitation at the Strategies for Managing Risk in the Long Term Care Setting. His presentation was entitled "Nursing Home Litigation: Strategies for Minimizing a Nursing Home's Losses."

November 14, 2002
J. Scott Myers lectured by invitation at the Lawyers and Judges Publishing Company Symposium on Nursing Home Litigation in Tucson, Arizona on the subject of nursing home defense tactics and litigation strategy.

October 26, 2002
J. Scott Myers, was an invited guest lecturer on the topic of "Nuts and Bolts: Defending the Nursing Home," at a nursing home litigation seminar sponsored by Lawyers and Judges Publishing Company in Scottsdale, Arizona

August, 2002
J. Scott Myers, was an invited guest lecturer on the topic of "Overview of Federal Regulations and OBRA 87" at Professional Education Systems Institute, LLC (PESI) North Central Regional Conference.

The information you obtain at this site is not, nor is it intended to be, legal advice. You should consult an attorney for individual advice regarding your own situation.

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