Litigation and Dispute Resolution
Our litigation clients range from large self-insured corporations with experienced law departments and claim groups, to individuals and small businesses seeking to protect their core assets and interests. We handle a broad spectrum of business and casualty litigation for those clients, often on a regional or national basis. Many have been clients of the firm for over ten years, and of individual partners for twenty years or more. We handle trials, appeals, arbitration, mediation and representation of clients before regulatory and administrative agencies.
The primary areas of our litigation practice include:
BUSINESS LITIGATION
We have handled virtually all manner of disputes arising in our clients' businesses, including:
- Breach of contract
- Fraud
- Secured transactions
- Environmental issues
- Easement disputes
- Insurance coverage
- OSHA proceedings
- Employment disputes
- Certain bankruptcy matters
CASUALTY LITIGATION
We defend personal injury and property damage cases based on theories of negligence, strict liability and statutory liability. These cases have typically involved wrongful death, catastrophic injuries such as burns or amputations, construction injuries with claims of permanent and total disability, toxic exposure and similar matters. The property damage matters we handle likewise generally involve substantial losses and exposure. Among the matters we frequently defend are:
- Railroad Litigation–FELA claims (including equipment related injuries, repetitive stress injuries and asbestos and other toxic exposure), crossing accidents and trespasser and premises liability claims
- Product Liability–Claims of defective industrial and consumer products, explosions and fires involving natural gas or propane
- Construction and Premises Liability–Third-party contractor injuries, industrial property damage and indemnity claims

Business Litigation
Counsel for commercial finance company in suit against bank for breach of assignment agreements and fraud arising out of $320 million financing to computer leasing company.
Counsel for developer in suit to enjoin $270 million sale of a neighboring industrial property that threatened client's heating and cooling easement rights.
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Counsel for anchor tenant in suit for breach of lease where developer sought to evict client from commercial property for construction of Wal-Mart shopping center
Counsel for railroad in environmental liability case arising out of purchase of rail yard from the Bankruptcy trustee of a defunct rail carier
Counsel for finance company in suit for breach of loan agreement arising out of lender's threat to cease funding
Counsel for petitioner railraod in arbitration against power plant under "take-or-pay" haulage contract
Counsel for former directors and officers of a savings & loan association in suit by the govt. regulator for negligence and breach of fiduciary duty

Casualty Litigation
Wrongful death of company police officer allegedly killed in the line of duty
Wrongful death of contractor employee killed in coal dust explosion during deslagging operation at client's power plant.
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Wrongful death of two teenagers killed when their vehicle collided with client's high voltage electrical distribution lines
Double leg amputation of minor trespasser on client's railroad right of way
Catastrophic burns to two minors in gas explosion
Multi-million dollar fire loss to municipal building allegedly caused by malfunction and explosion of client's electrical distribution equipment
Brain tumor allegedly caused by exposure to solvents on client's premises
Multiple asbestos exposure cases, including mesothelioma and asbestosis
Collapse of hydro-power canal allegedly caused by client's installation of electrical distribution facilities along canal
