News

Congratulations to Ed Ruberry, Ross Smyk, Tom Soule and John Stalmack on their recent features in Super Lawyers Magazine as Top Attorneys in Illinois for 2018.   Additionally, the publication named Craig Hoffman, Alex Hess and Zach Mulcrone as Rising Stars for 2018. 

In November of 2017, RSG attorney Pat Cuisinier argued before the Illinois Supreme Court in the case, Antonicelli v Rodriquez,et al, Circuit Court of Cook County, 14 L 1184 (Sup. Ct. No. 121943), where the Court was asked to decide two issues: (1) Whether an intentional tortfeasor can enter into a Good Faith Settlement under the Contribution Act; and, (2) Whether a trial judge must take into consideration to a non-settling defendant's statutory protection under Section 2-1117 of the Code of Civil Procedure, when ruling on a Motion for Good Faith Finding under the Contribution Act. With regard to the first issue, Pat argued that the legislative history leading to the enactment of the Contribution Act limits its application to negligent tortfeasors. With regard to the second issue, he argued that a Section 2-1117 analysis must be made before the trial court can rule on a motion for a Good Faith Finding. Pat further argued that the Supreme Court Court's decision in Ready v United Goedecki Service, 232 Ill.2d. 369 (2008), which held that a settling defendant cannot be listed on the verdict form at trial, places Section 2-1117 and the Contribution Act in conflict, defeating the legislative purpose of protecting minimally culpable defendants. To resolve the conflict and effectuate the legislative purpose of both statutes he proposed that the trial court conduct a 2-1117 hearing prior to ruling on a settlement under the Contribution Act.

Ed Ruberry and Alex Hess' federal case was recently featured on a prominent Milwaukee TV news station.  View the article here or video at: http://www.tmj4.com/news/i-team/lawsuit gives-insight-into-hospital-transplant-program

Congratulations to the 1347 Capital Corp. team and, in particular, RSG attorney Jim Berdelle, on obtaining a dismissal of our opponent's action in the Garfield v. 1347 Capital Corp. matter in August of 2017. Specifically, the Court dismissed the action, with prejudice, on the basis of lack of standing. The result is significant in that the plaintiff's New York counsel had recently convinced a Palm Beach County, Florida judge to deny a similar motion and had also recovered a class action settlement in a recent Cook County action. 

In June of 2017, the Illinois Southern District Court granted Pat Cuisiner's motion for a good faith finding and dismissed, with prejudice, the counterclaim against our insured in a wrongful death lawsuit that involved a grisly collision between two tractor-trailers on southbound I-55.  Both tractors were consumed in flames, and Plaintiff's decedent was ejected from his vehicle.  Plaintiff had demanded $10 million to settle.

Chicago Lawyer magazine recognized Sarah Ruberry in June of 2017 as one of the Top Women Lawyers as recommended by her peers.    

Ed Ruberry and Alex Hess obtained a $2 million dollar settlement for their client, an 80 year old woman, who claimed that she had been raped while staying at a national hotel chain in Hartford.  Despite the fact that Connecticut has very strict laws that are favorable to defendants in innkeeper liability cases, Ed and Alex were able to get around the defendants' motions for summary judgment, and on the verge of trial obtained one of the largest sexual assault settlements of its kind.

After a long and hard fought battle, Jim Berdelle obtained summary judgment on behalf of our insurer client in a federal court declaratory judgment case in Texas.  The case involved a lawyer's malpractice insurance policy issued to a law firm, and the potential exposure to the insurer was the full policy limit of $1 million, based upon an underlying judgment against the insureds for almost the full limit, plus potential liability for attorney's fees in excess of the policy limit based upon a Texas breach of contract statute for failure to pay the judgment. The insureds were working and acting together to obtain coverage from our client and refused to settle below $950,000.  We made numerous arguments in lengthy briefing as to why coverage was not owed, and ultimately the court entered summary judgment in favor of our client finding that the claim was not first made during the policy period, but, even assuming arguendo that it was, the fortuity doctrine precluded coverage under the policy.

Both Ed Ruberry and John Stalmack were named again as Super Lawyers for 2017, and Craig Hoffman and Alex Hess were both recognized once again as Rising Stars.  

Our attorneys recognized as Leading Lawyers for 2017 include: Ed Ruberry (also Advisory Member), John Stalmack (also Advisory Member), Pat Cuisiner, Richard Kuntz, Sarah Ruberry, and James Berdelle. Craig Hoffman was also named again as an Emerging Lawyer.   

Congratulations to Ed Ruberry and his team for successfully resolving a complex multiparty action that was litigated for several years - for zero dollars. Ed Ruberry was hired as independent (conflicts) counsel to represent an underground pipe manufacturer in an eight-figure product liability lawsuit brought by the State of New Jersey against a general contractor, architect, construction manager, HVAC installer and our client in connection with the progressive, catastrophic failure of a High Temperature Hot Water underground piping system at the Southwoods State Prison in Bridgeton, New Jersey.  We provided the manufacturer with a very aggressive defense against the State of New Jersey's products liability claims (and the co-defendants' cross claims), while also preserving the manufacturer's ability to obtain 100% coverage for those claims.  In the course of our defense, we were able to navigate the manufacturer through two appeals to the New Jersey Supreme Court on statute of repose grounds, and after filing a motion for summary judgment, were able to negotiate a settlement with the State of New Jersey, the co-defendants, and the insurers wherein our client was released from all claims and did not pay a dime.

Sarah Ruberry was named in Chicago Lawyer magazine as a Top Civil Defense Lawyer as selected by their peers in October 2016.

Congratulations to our trial team, consisting of Ed Ruberry, Ellen Jenkins, Alex Hess, Zach Mulcrone and Shari Stewart- who spent last week in New York trying the case, WT Holdings Inc. v. Argonaut. On the second day of trial the parties settled resulting in a significant monetary victory for our client, but more importantly, our client avoided the risk of having to pay Argonaut's attorneys' fees, which were estimated to be in the $5 million to $6 million range.

Ed Ruberry and John Stalmack were recognized as Super Lawyers for 2016, and Alex Hess and Craig Hoffman were both named as Rising Stars.

The following RSG attorneys were selected as Leading Lawyers for 2016: Ed Ruberry (also Advisory Member), John Stalmack (also Advisory Member), Richard Kuntz, Sarah Ruberry, and James Berdelle. Craig Hoffman was also named as an Emerging Lawyer.   

Ruberry, Stalmack and Garvey sues Australian blogger on behalf of Chicago recruiter DHR International. View the article here.

Legal Leaders-Chicago magazine has named Ed Ruberry and John Stalmack Chicago's top rated Lawyers for 2015 in the area of Litigation, Business & Commercial, Insurance law and Medical Malpractice.

Ed Ruberry, Sarah Ruberry, John Stalmack, Richard Kuntz and Jim Berdelle have all been named as 2015 Leading Lawyers by Leading Lawyers magazine.  Ed Ruberry and John Stalmack were also honored as Advisory Board Members.

Congratulations to Ed Ruberry and John Stalmack for being named Illinois Super Lawyers and Craig Hoffman as Illinois Rising Stars in 2015 by Illinois Super Lawyers magazine.

Craig Hoffman was also named as one of the Emerging Lawyers in 2015 by the Law Bulletin.

We are very pleased to report that our client LGIC prevailed in the New York Appellate Division, which affirmed on October 9, 2014, our prior win in the trial court allowing us to pursue Interstate Fire & Cas. Co., on our Amended Complaint to recover from Interstate its fair share of the defense expenses LGIC incurred prior to exhaustion of LGIC's and Interstate's limits.  We were also awarded costs.  Congratulations to David Allen for his work on the briefs and to Richard Kuntz who argued before the Court.

Congratulations to John Stalmack and Ohn Park for their trial win on October 9, 2014. The case, Basheer Abu Harb vs. American Service Ins. Co., involved the rescission of an automobile policy based on the insured's material misrepresentation.  The judge entered judgment in favor of American Service Ins. Co. and held that the automobile policy was null and void. 

John Stalmack has been presented with a Career Achievement Award at the 2014 Jury Verdict Reporter Awards for Trial Lawyer Excellence Ceremony, held at the Crystal Gardens at Navy Pier.

Ed Ruberry, John Stalmack and Jim Berdelle were recognized again as Leading Lawyers in 2014. 

John Stalmack recently published "Closing Argument - Some Topics to Consider" in the January 2014 newsletter of the Illinois Bar Association's Trial Briefs.

Congratulations to Ed Ruberry and John Stalmack on their recent features in the Super Lawyers Magazine, Top Attorneys in Illinois 2014.  Additionally, the publication named Craig Hoffman to the 2014 Illinois Rising Stars list.

The Chicago Daily Law Bulletin recently published an article by Partner Richard Kuntz. View the article here: "Court Negates Effect of Injury Exclusion".

Ed Ruberry and John Stalmack have been named as Super Lawyers for 2013.  They were also honored as Advisory Board Members and given 'Preeminent' AV Ratings for 2013.

Ed Ruberry, John Stalmack and Jim Berdelle have all been named as 2013 Leading Lawyers by Leading Lawyer Magazine for their work in Class Action/Mass Tort Defense Law, Commercial Litigation Insurance, Insurance Coverage & Reinsurance Law, Products Liability Defense Law, Toxic Torts Defense Law, Medical Malpractice Defense Law, Personal Injury Defense Law: General, Products Liability Defense Law, and Toxic Torts Defense Law.

John Stalmack and Craig Hoffman were featured in the September 2012 Chicago Hospital News and Healthcare Report.  View the article, "Preparation of a Physician for a Deposition".

Ed Ruberry was featured on the front page of the Chicago Journal regarding his representation of a single mother and her autistic son against the Chicago Board of Education.  View the article here.

Craig Hoffman was recently named one of Law Bulletin's, '40 Illinois Attorneys Under Forty to Watch'  From more than 1,250 nominations, Craig was selected as one of the best young lawyers in Illinois.  View the article here.

Ruberry, Stalmack & Garvey was selected as a Top Rated Law Firm in Illinois and featured in the July 2012 Business Edition of Leading Lawyers Magazine.  As an established firm with expanding goals, the feature focuses on RSG's spectrum of practice and continued commitment to client service.

We are proud to announce that Ed Ruberry and John Stalmack were featured in the 2012 edition of Chicago's Top Rated Lawyers. The magazine highlights their accomplishments in the areas of business & commercial litigation, insurance law, and medical malpractice.

Ed Ruberry and John Stalmack were both named again as Super Lawyers for 2012.  Ed Ruberry was also recognized on "The Annual List for 2012" as a Top Attorney in Illinois for Business Litigation.  John Stalmack was also recognized on "The Annual List for 2012" as a Top Attorney in Illinois for Civil Litigation Defense. 

John Stalmack authored an article published in the March 2012 edition of the Illinois State Bar Association's Trial Briefs Magazine entitled "Partial Use of Depositions: Illinois Supreme Court Rule 212(c)". The article discusses how deposition testimony may be used at trial and how omitted statements that may "explain or modify" the admitted testimony, should be considered.

The August 2011 issue of Chicago Hospital News published an article by John Stalmack and Craig Hoffman entitled "Impeachment of Plaintiff's Expert".  The article explains how expert reports may be used against an expert as a prior inconsistent statement for impeachment purposes.

The Voice of the Defense Bar recognized Ed Ruberry on March 2, 2011 for a significant ruling from the Supreme Court of New York, finding that the insurance policy issued by his client, Lincoln General Insurance Co., was excess to two other insurers with respect to nearly $5 million in defense costs incurred by an additional insured under all three policies. The decision stemmed from a lawsuit initiated by a property owner who sought coverage for claims resulting from a 2008 crane collapse in New York City.

On June 29, 2011, The Voice of the Defense Bar again recognized Ed Ruberry when he obtained a unanimous decision from the New York Appelate Division affirming the landmark ruling that held the policy limits settlement between his client, Lincoln General Insurance Company, and third-party plaintiffs extinguished his client's duty to defend its named insured and additional insureds.

In March 2011, RSG attorney Ellen Jenkins co-authored an article published by IRMI summarizing D&O securities litigation trends.  The article discusses, among other topics:  the increased frequency of securities class actions, particularly securities class actions arising from merger and acquisition (M&A) transactions; the average securities class action settlement; federal regulators' stepped-up enforcement activities; and foreign involvement in securities class actions.

In the January 2011 issue of Chicago Lawyer, Ed Ruberry was recognized as being a Leading Lawyer in Commercial Litigation, a unique distinction that places him among the Top Lawyers in Illinois. A lawyer cannot buy the distinction of being a Leading Lawyer. This distinction is only earned by being among those lawyers who were most often recommended by their peers in statewide surveys. Respondents also could not recommend themselves or lawyers at their law firm to obtain this recognition.

In November 2010, John Stalmack won a trial victory in federal court involving a commercial breach of contract action against Internap Network Services Corp., an Atlanta-based corporation. At the end of trial, John asked the jury to award his client the full amount of commissions that Internap Network Services failed to pay the plaintiff for her work on three of the largest accounts closed. The jury convened for less than an hour and returned a verdict in favor of John's client and awarded significantly more than what was originally sought.

John Stalmack was recognized in the November 2010 publication of The Voice, after obtaining a defense verdict in a benzene products liability case, Hornback v. River Valley Coatings, Inc.  The plaintiff alleged that as a result of her husband's work in the painting department for 40 years he contracted Leukemia, which ultimately led to his death. The claims against our client, River Valley, were based on allegations that the paints and solvents manufactured and distributed by River Valley contained benzene, a known carcinogen. After a two week trial, the jury returned a jury verdict on behalf of defendant River Valley.  This is the first verdict of its kind in Illinois, where a jury found in favor of a manufacturer/distributor in a benzene related wrongful death action.

Ed Ruberry was recognized in the May 2010 publication of The Voice for a landmark ruling he obtained from the Supreme Court of New York, New York County. The court found that a policy limits settlement by his client, Lincoln General Insurance Company, extinguished his client's duty to defend its named insured and additional insureds. The court's decision was the result of Lincoln General's efforts to intervene and settle one of the numerous claims from a fatal crane collapse in New York City.

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