Our clients rely on us to seamlessly manage the integration of third party liabilities that arise. Our lawyers have recovered hundreds of thousands of dollars in subrogation actions, including direct litigation on novel reimbursement theories such as breach of contract. We have represented and defended employers named as third-party defendants in civil cases arising out of work injuries for which compensation was paid. Our understanding of the big picture of litigation practiced by our Firm’s civil litigation team allows us to shape how we handle the individual task at hand to maximize the global outcome for our clients.
Our Firm’s defense practice includes one of the nation’s largest traffic control and pavement marking companies involved in some of the largest interstate and intrastate road projects. The third party liability claims we defend run the gamut on the injury spectrum and include catastrophic injury claims for which plaintiffs pursue each and every contractor along with the State, City and Municipality as owners of the roadway. We bring our comprehensive experience in the handling of complex litigation to the defense table urging the adoption of a cohesive strategy to use defense dollars wisely and minimize exposure.
Tendering, rejecting and/or accepting a tender in accord with contractual indemnification provisions requires a multi-layer analysis of strategies involving business and legal decisions. Resisting a tender for actions believed to be outside the scope of a party’s undertaking of indemnification has risks. Our Firm has a deep level of knowledge and experience in the application and interpretation of insurance contracts and complex construction contracts. We are experienced litigators and bring well developed strategies to cases in which a party interprets an indemnification provision as a means to shift liability.
Our lawyers have ardently and successfully defended civil actions in state and federal courts involving allegations of excessive force and false imprisonment brought against police officers and their municipal employers. Our Firm appreciates the unique accountability these clients have to the citizens and we work collaboratively with the municipality’s personnel to achieve the best possible outcome.
We have defended our municipal clients in cases challenging the constitutionality of local ordinances enacted for the health and safety of their citizens. Over the last couple of years, a Midwest law firm engaged in the filing of federal cases accusing various municipalities of violating the First Amendment through the enforcement of ordinances covering the number and locations unattended donation bins. Because the United States Supreme Court holds that donation bins are entitled to protection under the First Amendment and because legal fees are recoverable from the defendant in cases involving constitutional violations, the municipalities were faced with serious financial impacts. We defended these cases, worked with our dedicated city employees to draft compliant ordinances and negotiated consent decrees to end the litigation and cap the plaintiffs’ legal fees.
With the passage of the Cannabis Regulation and Tax Act which will be fully effective in 2020, our team of lawyers is ready to address the needs of municipalities and local governing bodies to advise and assist in the drafting of appropriate regulations for the flurry of anticipated business activities.