Lowis & Gellen's Appellate Practice Group won two more victories this week for our clients. In a medical malpractice case alleging a failure to diagnose a brain tumor in a child that went to a jury trial in early 2002, verdicts were returned in favor of both Lowis & Gellen's clients, a pediatric neuroradiologist and a large Chicago area teaching hospital. The plaintiffs appealed, asserting that they were entitled to a new trial based on evidentiary errors committed by the trial court. The First District Appellate Court rejected the plaintiffs' arguments and affirmed the lower court decision. The court did not take oral argument on this matter, which meant the case was won on the strength of the trial record and the brief. The trial attorneys were Jennifer Lowis and Jenny Ostrom Blake and the appellate attorneys were Deborah O'Brien and Joan M. Kubalanza.
In the second case, an employee recovered a settlement amount in the Illiniois Industrial Commission and sought review of the Industrial Commission's order. Lowis & Gellen, on behalf of its client, a community hospital, moved to dismiss the complaint in the trial court arguing that the plaintiff had not timely filed his action for judicial review. The trial court agreed that the employee had waited too long to seek judicial review and dismissed the action. The plaintiff appealled. The Appellate Court affirmed the lower court's decision. Mike Code and Denise Siegel handled the matter in the trial court and Denise Siegel and Joan M. Kubalanza were the appellate attorneys. Again, the case was won on the record below and on the strength of the brief as the Appellate Court did not hear oral argument.
Mergers and Acquisitions
Represented a UK company in structuring, negotiating and consummating an agreement to enable its US subsidiary to acquire a subsidiary of a regional bank that provides specialized global financial services. Our representation including assisting the client in conducting and completing due diligence and negotiation and preparation of all required acquisition documentation.
Represented an Illinois company in acquiring the assets of a Minnesota competitor and establish a Minnesota division in a short time frame. Represented the Illinois company in negotiating the terms of a proposed sale of the company to a larger organization while closing the acquisition of the Minnesota transaction.
Bank Financings
Represented a US food processing company in negotiating and closing a multimillion-dollar term loan facility. The loan is being used to finance the acquisition of fixtures and equipment to complete the build out of a state of the art food warehouse complex. Negotiations included balancing the interests of the client and a special purpose entity leasing the facility with the interests of the senior term lender, a subordinated secured debt holders and the landlord.
Cross Border Activities
Represented a Canadian company and its US subsidiaries in connection with the closing of a multi-million dollar credit agreement by serving as the US counsel. Our representation included providing advice to the Canadian company on structuring its subsidiary’s capitalization and debt terms under the facility. Our representation also included providing the US law opinion to facilitate the closing and funding of the transaction.
Correction: We apologize for the error in the following announcement, posted earlier this month, which read in part:
The attorneys of Lowis & Gellen announce with pride that our partner Gerald Haberkorn has been selected as one of the best commercial litigators by Leading Lawyers, based on a peer survey of Illinois attorneys. This honor is significant because fewer than 150 commercial litigators were selected from the more than 20,000 lawyers recommended.
In truth, Jerry was selected as one of Illinois' Leading Lawyers in two categories. Peers and colleagues also chose to recognize Jerry's work in Professional Malpractice Defense Litigation. He represents and counsels professional service partners and limited liability companies and partnerships in negotiations, contested and adversarial dissolutions, dispute resolution and professional malpractice litigation throughout the country. Clients include lawyers, physicians, engineers and architects.
And, this just in, Jerry is a finalist in Fast Company magazine's 2005 "Fast 50" competition, recognizing thought leaders and entrepreneurs (or just those doing traditional work - like the practice of law - in a way that departs from the traditional delivery of services) in 20-plus industries.
Additionally with Jerry, Bob Smith was also selected as one of the best in Professional Malpractice Defense Litigation. It is an incredible accomplishment for two of our attorneys to be selected into this elite group.
Too, Joan M. Kubalanza, one of our partners, just completed teaching first year law students at The John Marshall Law School the art of persuasive brief writing and appellate advocacy. The students were required to write one trial court brief and two appellate court briefs. They also were required to present oral arguments to a panel of three "judges" with regard to the appellate briefs. Kevin J. Clancy one of Lowis & Gellen's litigators and a former Seventh Circuit Court of Appeals Law Clerk served as a "judge" for the arguments and provided the students with insights into their oral advocacy skills.
Besides being busy with work and teaching, Joan also recently participated in a program sponsored by the Big Shoulders Fund. Joan had breakfast with Cardinal George and then went to Queen of Angels Catholic Elementary School to visit with students and staff. Joan spent the most of her visit working with the First Grade Class and thoroughly enjoyed the experience.
CHRPP Audio-Conference
December 2, 2004
Robert Smith did an audio-conference today for 16 CHRPP hospitals. Mr. Smith spoke on "chain of command" issues affecting a hospital's liability. There were 160 participants.
Chicago Bar Association Christmas Spirits Play
Our lovely, beautiful and talented associate, Jamie A. Leavitt will be performing in the Chicago Bar Association, Christmas Spirits play which will run each night from December 7, 2004 through December 11, 2004 at the Merle Reskin Theater located at 60 E. Balbo, Chicago.
"The Wolf at the Door"
On November 19, 2004 Vito Masciopinto spoke to the Advocate Risk Management team in Oakbrook Illinois on current medical legal issues. The presentation entitled "The Wolf at the Door" focused on the challenges facing risk managers in the current litigation enviorment. Specifically, the talk addressed topics including the Medical Studies Act, apparrent agency, the Good Samaritan Act as well as an essay on current verdicts and settlements.
Rob Smeltzer Speaks at CBA meeting 12/2/04
THE CHICAGO BAR ASSOCIATION
Committee Meeting Announcement
Thursday, December 2, 2004
Putting Overtime to the Test - the D.O.L. and Illinois Fight to Define Pay New regulations set forth by the Department of Labor have narrowed the exemptions to the Fair Labor Standard Act's overtime provisions. These new policies require almost every employer to review its payroll policies and practices to ensure compliance. Illinois has enacted legislation that promises to confuse rather than clarify federal Fair Labor Standards overtime rules for employers. In this informative meeting, the speaker will traverse the impact of these new amendments to Illinois employers including those with locations in multiple states. Also covered will be the considerable consequences of failing to pay employees overtime in accordance with state and federal law.
Rob Smeltzer, Esq.
Presenter Rob Smeltzer is a partner at Lowis and Gellan. He has federal and state court expertise in all phases of labor and employment litigation, counseling, non-patent intellectual property, commercial litigation, and municipal tort liability. He has handled over 100 Title VII, ADEA, ADA, FLSA, ERISA and FMLA matters before the EEOC, the Illinois Department of Human Rights, the Illinois Human Rights Commission, the Chicago Commission on Human Relations, the U.S. Department of Labor and state and federal courts. He is an Adjunct Professor at Loyola University School of Law. He has contributed to several major treatises including Holloway & Leech, Employment Termination -- Rights and Remedies (BNA 1993) and Tobias, Litigating Wrongful Discharge Claims, (Callahan, 1989).
Meeting Details
The meeting will start promptly at 12:15 p.m. and conclude promptly at 1:15 p.m. Please check the meeting room board on the first floor of the Chicago Bar Association for our room assignment.
