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Brian Cunningham Wins Bench Trial Defending A Claim For Constructive Trust
Mr. Cunningham successfully defended a real estate developer against a claim for a constructive trust of $187,000 on the developer’s $17,000,000 property. In addition to a dismissal, the Court quashed a pending lis pendens notice against the property filed by the Plaintiff.
Jody Rogers Admitted to U.S Supreme Court
On January 19, 2010, Jody Rogers, who handles the bulk of the firm’s federal litigation, was admitted to practice and is now a member of the United States Supreme Court.
Rutter Settles NYC Building Collapse
Bobby Rutter reached a successful settlement in a case involving a building collapse in New York City. Attorney Rutter represented the building owner as well as the insurance carrier. The building suffered a partial collapse as a result of neighboring construction.
Rutter Settles Restaurant Fire
Bobby Rutter successfully negotiated a pre-suit settlement on behalf on an insurance carrier when their insured’s building burned to the ground.
Nielsen, Zehe & Antas, P.C. Is Proud To Announce The Addition Of Peter J. Hood As Of Counsel To The Firm
Peter will concentrate his practice in First Party Property Insurance and Boiler & Machinery coverage analysis and litigation.
Peter brings with him over thirty years of experience in the property insurance claims as an Executive General Adjuster and Claims Executive. He earned his Juris Doctor from DePaul University Law School. Over the years he has presented on numerous property insurance topics for industry organizations including the Property Loss Research Bureau, Boiler and Machinery Insurance Association of Chicago, the Inland Marine Underwriters Association, American Bar Association and Chicago Bar Association. Peter brings to the firm and its clients the rare combination of over thirty years of insurance experience in property and boiler/machinery claims and as an attorney experienced in coverage analysis and litigation. He resides in Oak Park, Illinois with his family.
Mr. Hood may be contacted by email at phood@nzalaw.com or call 312.635.1841.
Second Chance Coffee Retains NZA as Corporate Counsel
Second Chance Coffee Company is a revolutionary start-up coffee company based in Wheaton, Illinois. They are dedicated to roasting great coffee and helping post-prison men in the process. Second Chance retained NZA to act as corporate counsel and to assist them with lease negotiations, corporate formation, confidentiality agreements, employee contracts, investor agreement and their operating agreement. NZA looks forward to a long and successful relationship with Second Chance Coffee Company.
California Golf Course Fire
On May 19, 2006, a fire occurred at a California municipal golf course. The fire started in a propane grill being used for a golf outing and subsequently spread to the club house causing damage in the mid to high six figures. NZA was immediately hired on the case, and by retaining an expert, discovered that the cause of the fire was a propane tank overfill. NZA subsequently filed suit against the company which filled the propane tank. The company’s defense was that the golf course employee had mishandled and improperly used the propane tank. After a pretrial conference took place, the matter was settled short of trial and represented a successful outcome for NZA’s client.
Blasting Gone Wrong
NZA filed suit against the blasting company in Tennessee alleging that negligent blasting activities damaged high precision equipment within its client factory. Settlement was reached in this matter one month after suit was filed.
100% Subrogation Recovery in Fire Case
Craig Antas recently settled a fire subrogation case for our client recovering 100% of the recoverable damages. This New York case involved a fire to our insured’s large home. The insured had hired a floor refinishing company to refinish the hard wood floors. One day, after working on the floors, the contractor left for the day without removing his vacuum bag which was filled with sawdust and other contaminants. Our theory against the contractor was based upon spontaneous combustion and the contractor’s negligence for not removing the vacuum bag from the residence. Congrats to Craig on obtaining the 100% recovery for our client within one year of the loss.
New Lawyers Join Firm
Nielsen, Zehe & Antas is pleased to announce that this past Fall, attorney’s Andrew Berry and Gretchen Bjork joined the firm as associates. Gretchen comes to our firm in Chicago, via New Orleans, where she previously practiced law for 3 years. Gretchen is concentrating her practice in both subrogation and insurance defense.
Andy Berry comes to Nielsen, Zehe, & Antas from Indianapolis where he previously practiced law for 5 years. Andy is concentrating his practice in the areas of subrogation, insurance defense, and employment litigation.
For more information on Gretchen and Andy, please see their curriculum vitaes. The firm is thrilled to add young attorneys as experienced and recognized as Gretchen and Andy. Welcome!
Shawn Wickery to join Firm
Law Clerk Shawn Wickery, who has worked at the firm for two years, has accepted an offer to join Nielsen, Zehe, & Antas as an associate attorney. Shawn will be graduating from DePaul University’s School of Law this May, 2009 and taking the bar exam this summer.
For all those that have worked with Shawn, you know how fortunate the firm is to have him now and in the future. Congratulations to Shawn on graduating from law school and joining the firm as an attorney.
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Christy Schaefer presents work comp. subrogation seminar at NASP
Back by popular demand - Christy Schaefer once again presented a seminar at the annual National Association of Subrogation Professionals (NASP) convention on new developments in workers compensation subrogation.
Christy was asked to update and repeat the presentation due to the popular response and attendance. Great job Christy!
If anyone would like a copy of Christy’s handout, please contact her at cschaefer@nzalaw.com
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Brian Suth continues string of Las Vegas, Nevada subrogation settlements
Congratulations to Brian Suth who recently settled a seven figure subrogation case for our clients in Las Vegas, Nevada. Our insured, a strip mall owner, suffered a multi-million dollar loss when a fire occurred over a tenant space. The target wrongdoer was welding on the roof of the building when a fire began. Brian successfully settled the million + case against one party and is continuing the litigation against other wrongdoers. Congratulations to Brian.
DeBoni successfully defends client in $750,000 + lawsuit
Frank DeBoni successfully obtained summary judgment for our insurance company client in $788,165 defense case. Our insured was a plumbing subcontractor that had been sued by a subrogating insurance carrier for a water loss. Defending the $788,165 lawsuit brought by the plaintiff against our client, Frank DeBoni obtained summary judgment and a complete dismissal of the case for our clients. Congratulations Frank.
Defense Verdict obtained by Joanne Marie Rogers in employment discrimination lawsuit
Congratulations to Joanne Marie Rogers who defended our client at trial in the United States District Court action involving employment discrimination and retaliation after a contentious trial. A defense verdict was reached on behalf of our restaurant client.
Million Dollar Recovery in Kentucky Elementary School Explosion
Explosion at an elementary school that occurred one day after school adjourned for the summer. Target Defendant was the local gas company for negligent maintenance of gas company owned equipment. Within one year of the loss, we recovered 90% of the multi-million dollar loss for our client. Congratulations to Craig Antas on this successful result.
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Erik Nielsen and Brian Cunningham obtain a multi-million dollar recovery in a catastrophic loss at a specialized manufacturing plant
Mr. Nielsen and Mr. Cunningham recently settled a multi-million dollar subrogation case at mediation involving a failure and catastrophic explosion causing millions of dollars in property damage and resulting in a fatality. After extensive pre-suit investigation and lengthy fact and expert discovery, the partners were able to negotiate a hard-fought, successful settlement from multiple domestic and foreign defendants under theories of product liability, negligence and breach of contract. This result was also particularly challenging given the numerous coverage issues presented by the defendants' carrier.
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Collapse of Mammoth Storage System Triggers Mammoth Fire, Mammoth Verdict - Largest Verdict in Wisconsin in 2007
Partners Jeffrey R. Zehe and Patrick C. Hess obtained a $63,335,819 verdict in a case arising from the catastrophic collapse of a recently constructed storage system at a printing facility, Quad/Graphics, Inc. and Industrial Risk Insurers v. HK Systems, Inc., et al., Circuit Court of Wisconsin, First Judicial District, Milwaukee County, Case No. 03CV7184.
Quad/Graphics, which is the largest privately held printing company in the world, contracted HK Systems, Inc., to design and build a sophisticated storage system capable of holding 108 million pounds of printed materials. HK Systems delivered an enormous rack structure, 10-stories tall and three hundred yards long, equipped with computer-controlled cranes. HK Systems subcontracted with a rack supplier to design and build that rack structure. HK Systems’ subcontractor obtained rack structure components, including the steel columns that supported the weight of the entire storage system and its contents, from a tubing manufacturer.
The entire storage system crashed to the ground less than two months after its delivery, triggering a fire that burned for 10 days. Quad/Graphics sustained extensive damages as a result of that catastrophe, including the destruction of the storage system and its contents, lost profits and severe damage to nearby buildings. Quad/Graphics’ property insurer paid for $59,000,000 of those damages and promptly selected the Firm to undertake the recovery of that money.
Under the Firm’s management, dozens of public and private organizations investigated the cause of the storage system’s dramatic failure. Armed with the results of its own investigation, the Firm commenced an action on behalf of its insurance company client against HK Systems, its rack supplier and the tubing manufacturer and other companies.
The Firm recovered $19,000,000 on behalf of its insurance company client before trial in settlements with various defendants. Partners Jeffrey R. Zehe and Patrick C. Hess proceeded to trial on a breach of contract claim against HK Systems and product liability claims against HK Systems, its rack supplier and the tubing manufacturer. After a month-long, hard-fought trial, they prevailed on every claim, resulting in a $63,335,819 verdict in favor of the Firm’s client.
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Christy Schaefer speaks at NASP Conference on Worker Compensation issues
For the third consecutive year, Christy Schaefer, spoke on 'Recent Developments, Trends, and Decisions in Workers’ Compensation Subrogation' at the 2008 Annual Conference of the National Association of Subrogation Professionals in Hollywood, Florida.
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Jury Verdict in favor of our subrogation client for $641,030.31 in fire case
A fire occurred in a 200 year old historical home which contained numerous antique pieces of furniture. The fire was started when roofers were soldering a copper seam too close to the 200 year old wood siding. The home owner hired a general contractor who in turn hired the roofers. The roofers had no insurance and filed for bankruptcy after the fire. However, the jury determined that the general contractor was responsible for failing to supervise his subcontractor and awarded the full amount of damages sought for the restoration of the home and the antique furniture. This case was tried by partner Dale Weigand.
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Dale Weigand and Joanne Marie Rogers obtained Defense verdict in favor of our client in wrongful termination case
The Plaintiff alleged that she was wrongfully terminated for exercising her first amendment right of free speech. She claimed that she was terminated from the position of assistant director of the after-care program because she spoke out against the new administration and the programs it was attempting to institute. The new administration wanted to utilize the after-care program to continue to educate the students as oppose to having it serve as a playtime or as a babysitter. The jury believed that the Plaintiff who was demanding more than $2 million before trial, was terminated because she lacked the qualifications needed to run the new program. Congratulations to Dale Weigand and Joanne Marie Rogers on their defense victory.
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Craig Antas and firm named Counsel to Mikva Commission
In the wake of the deadly 69 West Washington high-rise fire that occurred in downtown Chicago, where 7 people died in the fire, Craig M. Antas and the firm were hired by the Mikva Commission to serve as Counsel to the Commission, charged by the Cook County Board of Commissioners, with investigating the fire and determining why seven people died who were all evacuating the building in the stairwells. The work of the Mikva Commission and Nielsen, Zehe & Antas resulted in sweeping changes in the Chicago Fire Department procedures and practices to prevent future such disasters.
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Brian Cunningham successfully represents charitable organization against architects and designers for construction errors, delays and cost overruns
Mr. Cunningham recently settled a claim for errors and omissions by an architect and its design team leading to hundreds of thousands of dollars in construction errors, delays and cost overruns. He was able to conduct extensive pre-suit discovery and mediate the matter successfully while avoiding unnecessary expenses associated with protracted litigation. Mr. Cunningham was particularly satisfied with the outcome of this case knowing that the recovery was for a charitable organization with a long and proud history of giving back to the community.
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Christy Schaefer obtains worker compensation subrogation recovery in excess of what client was entitled to under the Illinois statutory distribution scheme
Christy Schaefer successfully argued that our insurance client should not have to contribute toward costs associated with the injured worker’s unsuccessful and costly addition of a defendant, which was against our advice, and which she argued, represented more than 75% of the total costs of the prosecution. The end result was that our client ended up contributing only 25% towards fees and otherwise recovered roughly 120% of the statutorily recoverable lien.
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Million Dollar + Recovery for client in student apartment building collapse at University of Illinois
Student apartment building collapse that occurred on the campus of the University of Illinois at Champaign-Urbana. On behalf of our subrogation client and insured, we pursued a large construction firm that was building a high-rise dormitory next door to our insured’s student apartment building. Under a negligence theory and violation of the Illinois Subjacent Lateral Support Act (addressing responsibilities of neighboring property owners during excavation of land), we recovered over 85% of our clients damages in this million dollar plus loss. Congratulations to Craig Antas on this successful result.
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Brian Cunningham obtains summary judgment in trademark infringement claim
Mr. Cunningham obtained summary judgment in defense of a trademark infringement claim by a multi-billion dollar national corporation against a local, Chicago-area entrepreneur and also recently argued the matter before the 7th Circuit Court of Appeals in which numerous fact and legal issues under the Lanham Act were presented and argued by the parties.
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Christy Schaefer obtains 100% Minnesota Reverse-Naig worker compensation settlement
An injured worker entered into a Naig settlement under Minnesota law leaving our insurance client in the unenviable position of independently litigating its worker’s compensation lien at its own expense. The defendant took an unreasonable settlement position knowing that our client would have to incur all fees and costs on its own. Despite the likelihood of the litigation costs and fees exceeding the lien amount, Christy took an aggressive strategy and provided defense counsel with a draft complaint, detailed analysis of the potential recovery of attorney fees and a 100% demand. Her efforts resulted in a 100% recovery for our client.
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Million dollar recovery for client in Hawaii product liability action
Dale Weigand recently resolved via settlement a seven figure recovery for our subrogated client in a product liability action in Hawaii. Our insured, a large commercial food wholesaler, stored food in the largest refrigerated / freezer warehouse in Hawaii. Suit was brought against the manufacturer of the freezer unit when an ammonia leak developed, thereby contaminating millions of dollars in food product. A million + recovery was obtained for our client with the manufacturer of the product paying a substantial portion of the settlement. Congratulations to Dale Weigand.
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Christy Schaefer obtains six figure worker compensation settlement in New Mexico
An injured worker entered into a third-party settlement agreement and attempted to circumvent our insurance client’s worker compensation lien by ear-marking the settlement in satisfaction of only non-subrogable damages. After litigation before the New Mexico Workers’ Compensation Administration, Christy was able to settle this matter in excess of the Guitierrez distribution formula including only a nuisance contribution toward attorney’s fees and costs.
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