Pretzel & Stouffer, Chartered

Mimi Moon and Kimberly Flanigan secured a defense verdict in a complex, multiparty medical malpractice trial in Lake County.   The plaintiff sought $5.5 million in damages, alleging medical negligence that resulted in a partial lower extremity amputation and ongoing complex regional pain syndrome. After a compelling defense, the jury deliberated for approximately two hours before returning a verdict of Not Guilty for all defendants.   This outcome underscores our commitment to delivering exceptional advocacy and achieving favorable results for our clients. Congratulations to Mimi and Kimberly on this significant victory!

Robert Chemers obtained a judgment for his healthcare facility client in the Illinois Supreme Court which held that Governor Pritzker’s Executive Order 2020-19, issued during the Pandemic, immunized healthcare facilities from civil liability for negligence claims for “any injury or death” caused by “any act or omission” which occurred during the time they were “engaged in the course of rendering assistance” to the State, and did not limit the immunity for negligence to acts or omissions related to COVID-19. The Supreme Court affirmed the Appellate Court, Second District, which answered a certified question pursuant to Supreme Court Rule 308 which upheld the immunity, after the Kane County trial court denied motions to dismiss the negligence counts in 5 consolidated wrongful death actions. The Supreme Court permitted amici participation in support of the defendant healthcare facility from the Illinois Health & Hospital Association, the Illinois State Medical Society, the American Health Care Association, Health Care Council of Illinois, Illinois Health Care Association and LeadingAge Illinois. In the briefing, the defendant countered the arguments of the Plaintiffs’ amici, namely, the Attorney General’s Office and ITLA. This decision will be well-received by healthcare facilities across Illinois, as well as hospitals, clinics, and others as well as their employees.

Edward Ruff presented at the FDCC 2024 Annual Meeting Plenary Session on August 1, 2024, on “Jury Selection – LIVE!” Program attendees served as prospective jurors, voir dire was conducted, and a digital jury selection program helped decide who to strike.

Robert Chemers and Dave Larson won a judgment for their insurer client in federal court on cross-motions for judgment on the pleadings. The insurer’s motion was granted, and the insured’s motion, filed in lieu of answer, was denied. The insurer issued a CGL policy to a homeowners association, which policy included a D & O endorsement. The parties agreed that the CGL coverage part did not apply, and the insured claimed that the D & O endorsement applied. The Court determined that the claims against the insured by the operators of a communal golf course at the 8- neighborhood association, namely, breach of contract, tortious interference, trade secret theft and conversion were not covered by the D & O endorsement which applied to “any negligent act, error, omission or breach of duty” but did not cover bodily injury, property damage, or personal and advertising injury. The underlying plaintiff managed the golf course, had a long-standing lease, and when the lease was to be renewed, the insureds refused to renew, but prior to doing so, there was a break in into the pro shop and the underlying plaintiff’s computers were removed, then downloaded, and the allegedly proprietary programs of the plaintiff were stolen by the insureds for their new golf course manager. The removal of the computers was captured on the security cameras.

Robert Chemers and Dave Larson obtained a judgment for an insurer client in federal court that it had no duty to defend a construction defects case brought against the insured as the property owners in the underlying action did not allege damage to property other than the work of the insured and absent damage to other property, there was no duty to defend.

Pretzel & Stouffer partners Brendan Nelligan and Matthew Egan secured a victory in the Illinois Appellate Court on behalf of the firm’s client, a law firm to whom the trial court had awarded fees and expenses under principles of quantum meruit from the settlement proceeds of a medical malpractice case in which the firm represented the plaintiff without entering into a written fee agreement with the client, as required by Rule 1.5(d)(2) of the Illinois Rules of Professional Conduct.   On appeal, the plaintiff argued that the firm’s noncompliance with Rule 1.5 disqualified the firm from recovering any fee or being reimbursed for expenses the firm incurred while representing the plaintiff in the underlying medical malpractice case. The Appellate Court agreed with Brendan and Matt’s argument that the firm’s noncompliance with Rule 1.5(c) (now Rule 1.5(d)(2)) was unintentional and therefore, did not prohibit the firm from seeking and receiving compensation for its services under principles of quantum meruit. The Appellate Court also agreed with Brendan and Matt’s argument that the firm satisfied the requirements for recovery under quantum meruit by documenting the services that the firm provided for the plaintiff, which resulted in the plaintiff receiving a favorable settlement in a complex and difficult case. The Appellate Court also agreed with Brendan and Matt’s arguments that the facts of the case regarding the firm’s conduct distinguished it from several other Appellate Court cases where the court held that an attorney’s or firm’s noncompliance with Rule 1.5 barred the recovery of any compensation and affirmed the trial court’s award of fees and expenses to the law firm. See, 2024 IL App (1st) 221000-U.

The trial team of Sommer Luzynczyk and Michael A. Barry Barry secured a defense verdict on behalf of their clients, two reproductive endocrinology and infertility specialists. The jury trial was held before Judge Frank Andreou in the Circuit Court of Cook County. The plaintiff alleged that the physicians failed to timely diagnose and treat a bacterial pelvic infection stemming from an IVF egg retrieval procedure after the plaintiff developed symptoms of cramping and fever. Sommer and Mike successfully argued that the treatment plan put in place by the physicians was reasonable and that the plaintiff’s symptoms were consistent with ovarian stimulation or inflammation of the plaintiff’s endometriosis, not infection. Eight days following the alleged delayed diagnosis of the infection, plaintiff was diagnosed with a pelvic infection and underwent surgery to treat the infection with removal of a partial ovary and her fallopian tubes. Sommer and Mike argued that this infection was not caused by the IVF procedure, but rather the result of an appendiceal tumor that began leaking mucin in the setting of stimulation from the fertility treatments.  The appendiceal tumor was found incidentally 13 months later in a separate surgery.   

Robert Chemers recently celebrated an anniversary with the firm – his 48th! Robert has been an attorney of record in more than 900 appeals, more than 600 of which resulted in published precedential opinions, including more than 50 in the Supreme Court of Illinois, where he last argued on May 22, 2024. He is often hired for his known appellate experience by clients to handle appeals from motions or trials handled by other law firms, including assisting with the post-trial motion recognizing that the post-trial motion is the complaint on appeal. Over the years, he has been involved in appeals which have shaped the law in Illinois on topics including civil procedure, insurance coverage, jury instructions, tort reform, statutes of limitations, privilege, policy rescission and the unconstitutional amendment to the Code of Civil Procedure mandating 6-person juries for trials in civil cases.   Robert has handled one or more declaratory judgment actions for clients in 70 of the 102 counties in Illinois as well as around the Midwest. He has appeared on a pro hac vice basis outside Illinois in more than 50 courts.      Robert is a Fellow of the American College of Coverage Counsel. To learn more about Robert and his contributions to the firm, please visit: Robert Marc Chemers | Pretzel & Stouffer, Chartered (pretzel-stouffer.com)    

Robert Chemers and Dave Larson won in the Appellate Court of Illinois, Fourth District, when the Court affirmed the summary judgment entered in Sangamon County for their insurer client. The Appellate Court affirmed the judgment that our insurer client did not have a duty to defend the insured architecture firm for no less than 23 pending carbon monoxide poisoning cases arising from a carbon monoxide leak at a middle school in Girard, IL brought by parents of 17 minor students and by 6 adults. The insured architecture firm sought to maximize its coverage under a commercial general liability policy and an umbrella policy issued by the same insurer, however, each policy issued contained a professional services or professional liability exclusion. Of note is that Robert Chemers argued the appeal on May 8, 2024.

Robert Chemers and Dave Larson won a summary judgment for their insurer client in the federal district court in Rockford, IL holding that the carrier had no duty or obligation to arbitrate the plaintiff insured’s underinsured motorist claim. Plaintiff settled with the insurer for the at fault driver and then demanded arbitration from our client, the insured’s UIM carrier. The policy provides for arbitration of UIM claims only when both the carrier and the insured agree to arbitrate. The federal district judge recognized that no Illinois case nor the Insurance Code requires mandatory UIM arbitration as it does UM arbitration.