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Edward F. Ruberry

In the area of complex commercial litigation, Ed Ruberry has obtained over $300 million in verdicts and settlements in cases involving numerous areas of law, including:  antitrust; securities; breach of fiduciary duty; business fraud; breach of contract; insurance coverage; bad faith; and professional liability, including the defense of attorneys, brokers, managing general agents, architects, engineers, and bankers. Ed has also litigated numerous complex insurance coverage disputes and bad faith actions throughout the country. 

In addition, Ed has represented clients in some of the largest commercial lawsuits throughout the country, including: the Corrugated Container Antitrust Litigation; the Uranium Cartel Antitrust Litigation; the Folding Carton Antitrust Litigation; the Fine Paper Antitrust Litigation; and the Liquid Gas Antitrust Litigation.

Ed represented the officers and directors of Continental Bank in the Continental Bank Securities Litigation, which involved the demise of Penn Square Bank and the massive EPS securities litigation.  He also was one of the lead lawyers for the insurance industry in the tobacco litigation brought by States Attorneys General, as well as in litigation against the manufacturers of breast implants.

He has tried scores of cases in such diverse jurisdictions as Houston, Texas; Palestine, Texas; Dallas, Texas; Decatur, Alabama; New Orleans, Louisiana; Jacksonville, Florida; Tampa, Florida; Des Moines, Iowa; Denver, Colorado; New York, New York; and Chicago, Illinois. The following is a list of just a sample of the noteworthy matters Ed has tried to verdict or in which he has obtained multi-million dollar settlements:

  • Pillsbury v. International Paper (U.S. District Court, Houston, Texas) - After a six month jury trial, Ed obtained over $8 million in favor of Pillsbury in a lawsuit that it brought against 15 defendants in a price-fixing conspiracy case.

  • TIG v. Phelps Dunbar (Tampa, Florida) - Ed obtained a $6.2 million award in an arbitration proceeding on behalf of his client. The suit involved a legal malpractice action against defense counsel for its failure to adequately defend the insured in the underlying action.

  • Breach of Contract Litigation (Federal Court) - Ed obtained a $31 million settlement in an action brought by his client against an insurance company for breach of contract, breach of warranty, and business fraud arising out of a complex commercial transaction.

  • Breach of Fiduciary Duty Arbitration - Ed obtained a $25 million settlement in an action that an insurance carrier brought against a managing general agent for breach of contract and breach of fiduciary duties.

  • Antitrust Litigation (U.S. District Court, Chicago, Illinois) - Ed obtained a $21.5 Million settlement as an "opt out" plaintiff in the folding carton antitrust case in the Northern District of Illinois. The entire class, consisting of thousands of plaintiffs, obtained only a $190 million settlement.

  • Legal Malpractice Litigation (Tampa, Florida) - Ed obtained $14 million in settlements from two law firms on behalf of his client, who had brought claims of legal malpractice.

  • Securities Litigation (Chicago, Illinois) - Ed obtained a $15 million settlement in an action for securities fraud against a national brokerage firm and for malpractice against a national accounting firm.

  • Hedge Fund Litigation (New York, New York) - Ed obtained over $3 million in settlements on behalf of a hedge fund against a proxy solicitation firm and a law firm for breach of their professional duties.

  • Directors and Officers Litigation (Chicago, Illinois) - Ed obtained over $2 million in settlements on behalf of directors and officers against a national insurance company in a bad faith lawsuit.

  • Fee Dispute Litigation (Chicago, Illinois) - Ed obtained a $2.8 million verdict on behalf of a law firm against its client on a fee dispute case.

  • International Insurance Co. v. Employer's Casualty (U.S. District Court, Huntsville, Alabama) - Ed tried a case on behalf of an excess carrier against a primary carrier for failure to settle within policy limits. After a one-month trial, the jury returned a verdict in favor of Ed's client for $900,000, the maximum amount that could have been awarded under the contract.

  • Will v. Comprehensive Accounting (U.S. District Court, Chicago, Illinois) - After a lengthy trial, the jury returned a multi-million dollar verdict in favor of numerous franchises in a case involving claims of group boycott, tie-in, and breach of contract.

  • Sargent & Lundy v. ISLIC (Chicago, Illinois) - Ed represented a Crum & Forster entity in the longest insurance coverage trial in the history of Cook County. The case involved nuclear power plants in Ohio, Kentucky, and Illinois, and required 161 days of trial over five years. The plaintiff sought over $100 million in damages. The case is under a protective order.

  • Wells Fargo v. Zurich (New York, New York) - Ed tried an environmental coverage case to verdict wherein he represented Kemper regarding an environmental policy purchased as additional security on a loan tied to a number of Florida gas stations. The plaintiffs claimed damages of $15 million. Ed obtained a verdict of zero damages, and the verdict was affirmed on appeal.

  • Johnson v. City of New Orleans (New Orleans, Louisiana) - Ed defended a class action brought against the City of New Orleans by the residents of the Agricultural Landfill Project. The plaintiffs sought tens of millions of dollars for property damage and bodily injury and alleged that their exposure to environmental conditions at the site caused these catastrophic losses. After a lengthy trial on class certification, Ed obtained a favorable settlement.

  • CSX Transportation v. Admiral (Jacksonville, Florida) - Ed defended his client in a coverage suit against a number of carriers to recover tens of millions of dollars the plaintiffs had expended to remediate environmental problems at numerous railroad yards throughout the country, and to obtain reimbursement for settlement in a number of cases involving exposure to chemicals and other toxic materials. After a month-long trial, Ed's client was found to have no liability.

  • Continental Western Insurance Co. v. Foxfire Townhomes Owners Association Inc. (Polk County, Iowa) - Ed obtained a favorable verdict following a lengthy trial. The court held that liability insurance did not provide coverage for repair and replacement costs associated with allegedly defective roof work claims. The court held that defective construction work alone does not constitute an "occurrence" causing "property damage" under Ed's client's CGL policy. The Iowa Court of Appeals affirmed, and further review was denied.

  • Goodman v. Otis (U.S. District Court, Denver, Colorado) - Ed obtained a defense verdict on behalf of his client in a breach of contract suit in which the plaintiff sought millions of dollars in damages. Ed then obtained a multi-million dollar verdict for his client on its counterclaim based on breach of contract and malicious prosecution.

  • Kemper v. Broadspire (Chicago, Illinois) - Ed obtained a $500,000 verdict in favor of an insurance company in a suit for breach of contract and professional negligence against its managing general agent. The verdict was for the maximum amount that could have been awarded under the contract. 

 

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Contact:

300 South Wacker Dr., Suite 3250

Chicago, Illinois 60606

Phone: 312-466-7222

Email: Ed.Ruberry@ruberry-law.com

Trial Resume'

Practice Areas:

  • General Litigation
  • Bad Faith
  • Commercial Litigation
  • Construction
  • Environmental
  • Insurance Defense and Litigation
  • Insurance Coverage Litigation
  • Insurance Coverage Analysis
  • Intellectual Property
  • Product Liability
  • Professional Liability
  • Toxic Torts

Practice / Specifications:

Complex Commercial Litigation, Including: Antitrust and Securities; Environmental and Toxic Tort Litigation; Class Actions and Mass Tort Litigation; Insurance Coverage and Bad Faith Litigation; Professional Liability Litigation, Including the Defense of Lawyers, Accountants, Bankers, Directors, and Officers.

Education:

  • Loyola University School of Law, J.D.
    • Editor, Loyola University Law Review
  • Coe College, B.A.
  • US Marine Corps, PFC

Admissions:

  • United States Supreme Court
  • Illinois Supreme Court
  • New York Supreme Court
  • U.S. Court of Appeals for the Seventh Circuit
  • U.S. District Court for the Northern District of Illinois
  • U.S. District Court for the Northern District of Illinois
  • U.S. District Court for the Southern District of Indiana
  • U.S. District Court for the Eastern District of Wisconsin
  • U.S. District Court for the Western District of Wisconsin

Professional Affiliations:

  • Member of the Chicago Bar Association
  • Member of the New York Bar Association

Judicial Clerkships & Lecturing Positions:

  • Clerk to the Honorable Daniel P. Ward, Chief Justice of the Supreme Court of Illinois
  • Clerk to the Honorable Arthur P. McGloon, Presiding Judge of the Illinois Appellate Court
  • Clerk to the Honorable Edward R. Becker, United States District Court for the East District of Pennsylvania

Recognition:

Leading Lawyers routinely recognizes Ed as one of the "Top Business Lawyers in Illinois" in the areas of complex litigation, including commercial, environmental, mass torts, antitrust, securities, insurance coverage, and bad faith.

Ed is routinely selected as a "Super Lawyer" in the field of complex commercial litigation.

Ed has received the Highest Possible Martindale-Hubbell® Peer Review Rating™ AV® Preeminent™

Speaking Engagements:

  • Lead Speaker "Avoiding Pitfalls: Guarding Against Liability Claims" Accreditied Evolution Symposium, Jackson, FL
  • Lead Speaker "Carrier Conflicts: Protecting Your Client's Interests" Hub International Claim Conference, Chicago, IL
  • Lead Speaker "Banking Liability for the Insurance Industry" New York, NY
  • Lead Speaker "Corporate/Partnership Structures: Liability and Exposures" Chicago, IL
  • Lead Speaker "Synopsis of an Antitrust Case" Combined Illinois and Chicago Bar Associations Seminar, Chicago, IL
  • Lead Speaker "Time Limited Settlement Demands: Avoiding Bad Faith Handling" Catlin UK, London, UK

Publications:

  • 50 State Survey -  An Insured's Rights to Recover Attorney's Fees
  • 50 State Survey - The Interpretation of the Absolute and Total Pollution Exclusions
  • A Review of Environmental Coverage Case Law
  • Attorney Malpractice and Insurance Coverage Issues in Louisiana
  • Bad Faith Claims and Issues
  • Bad Faith Litigation in Illinois
  • Bad Faith & Environmental Coverage Disputes
  • Choice and Control of Defense Counsel and Costs
  • ERC Real Estate - Errors & Omissions Coverage
  • Overview of Construction Defect Litigation and GCL Coverage
  • National Survey of Bad Faith Law
  • National Survey of Statutes and Cases on Bad-Faith Claims
  • Overview of Issues and Federal Law Re: Employment Practices Liability Exposure
  • Subprime Mortgage Crisis & Professional Liability Litigation
  • Subrogation - 17 State Survey of Insured's Rights
  • The Defense of Lead Poisoning Claims
  • Tort Reform - A Survey of Federal and State Regulation