Navistar, Inc. v. Affiliated FM Insurance Company, et
al.
State Court, Chicago, Illinois. In a long-tail,
multi-million dollar asbestos coverage litigation, Ed Ruberry was
instrumental in securing the dismissal of the policyholder's claims
against certain reinsurers. The court agreed that
the policyholder had no rights against the reinsurers,
absent special circumstances that were not present.
Pillsbury v. International Paper
Federal Court, Houston, Texas. Ed Ruberry represented Pillsbury
against 15 defendants in a price-fixing conspiracy case. After a
six-month jury trial, Mr. Ruberry obtained a verdict in favor of
Pillsbury, with his clients receiving over $8 million from the
litigation.
TIG v. Phelps Dunbar
Tampa, Florida. Ed Ruberry and Sarah Ruberry successfully
obtained a $6.2 million verdict in a Florida arbitration proceeding
on behalf of our client, the underlying insurer. The suit involved
a legal malpractice action against underlying defense counsel for
its failure to adequately defend the insured in the underlying
action.
Wells Fargo v. Zurich
State Court, New York. Ed Ruberry and Sarah Ruberry tried an
environmental coverage case to verdict in the New York Supreme
Court wherein we 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 $12-15
million. Mr. Ruberry obtained a verdict of zero damages after the
plaintiffs turned down $960,000. The case was recently affirmed on
appeal.
Will v. Comprehensive Accounting
Federal Court, Chicago, Illinois. Ed Ruberry represented
numerous franchises in a case against Comprehensive Accounting
involving claims of group boycott, tie-in and breach of contract
clause. After a lengthy trial, the jury returned a verdict for
millions of dollars in favor of numerous franchises.
Johnson v. City of New Orleans
State Court, New Orleans, Louisiana. Ed Ruberry defended a class
action brought against the City of New Orleans by the residents of
the Agricultural Landfill Project wherein the plaintiffs sought
tens of millions of dollars for property damage and bodily injury.
The plaintiffs alleged that the exposure to environmental
conditions at the site caused these catastrophic losses. After a
lengthy trial on class certification, we were able to settle the
case for a reasonable amount.
CSX Transportation v. Admiral
State Court, Jacksonville, Florida. CSX brought a suit to obtain
coverage against a number of carriers to recover tens of millions
of dollars that it had expended to remediate environmental problems
at numerous railroad yards throughout the country, and to obtain
reimbursement for settlement of a number of cases involving
exposure to chemicals and other toxic materials. After a month long
trial, the client did not have to pay a verdict based upon Ed
Ruberry's damage allocation theory.
In re: Securities Litigation
Chicago, Illinois. Ed Ruberry obtained a $15 million settlement
in a securities case against a national brokerage firm and for
malpractice against a national accounting firm. The case is under a
protective order.
Sargent and Lundy v. ISLIC
State Court, Chicago, Illinois. Ed Ruberry 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 trial days over the
course of five years to complete. The plaintiff sought over $100
million in damages. The case is under a protective order.
Federal v. EPS
Chicago, Illinois. Ed Ruberry obtained a $2.8 million dollar
verdict on behalf of a law firm against a client in a fee dispute
case. He also obtained a defense verdict as to the multi-million
dollar counter claim in which the client sought fees they had
already paid.
International Insurance Company v. Employer's
Casualty
Federal Court, Huntsville, Alabama. Ed Ruberry tried a case on
behalf of Westchester, an excess carrier, against a primary carrier
for failure to settle within policy limits. After a one-month
trial, the jury returned a verdict on behalf of Westchester for
$900,000, the maximum amount that could be awarded under the
contract.
Continental Western Ins. Co. v. Foxfire Townhomes Owners
Association Inc.
Polk County, Iowa, and Iowa Court of Appeals. Ed Ruberry
represented Continental Western at trial and successfully convinced
the court 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 Continental's GL policy. The Iowa Court of Appeals
affirmed and further review was denied.
Estate of Floyd Hornback v. River Valley Coatings,
Inc.
State Court, Geneva, Illinois. Plaintiff worked in a
manufacturing plant where significant painting occurred.
Plaintiff's Estate alleged that decedent, Floyd Hornback,
contracted leukemia and died as a result of that disease because he
was exposed to Benzene contained in the paints and solvents
supplied by the defendant to the decedent's employer. Mr.
Stalmack obtained a defense verdict in favor of the defendant,
River Valley Coatings, Inc.
Estate of Carl Longnecker v. Sirish Parvathaneni,
M.D.
State Court, Chicago, Illinois. Plaintiff underwent a
heart transplant surgery and never regained consciousness after
surgery and died three days later. Plaintiff was a retired
Engineer who was survived by a wife and three adult children.
Mr. Stalmack obtained a defense verdict in favor of the heart
transplant surgeon.
Willie Mayberry, Jr. a minor v. Chicago Housing
Authority
State Court, Chicago, Illinois. The plaintiff, who was
three years old at the time, ate paint chips, which allegedly
contained lead, form a building owned by the Chicago Housing
Authority that resulted in severe mental retardation. Mr.
Stalmack obtained a defense verdict in favor of the Chicago Housing
Authority.
Norma J. O'Connor v. John A. Larocco and Arlington Trucking
Company
State Court, Chicago, Illinois. The car driven by
plaintiff was rear-ended by a semi-truck driven by defendant.
The plaintiff alleged that she had sever traumatic epilepsy
resulting from the rear-end collision. The plaintiff asked
the jury to return a verdict in excess of $500,000. Mr.
Stalmack was able to obtain a favorable verdict of $3,000 that was
reduced after a 30% reduction from $5,000.
Robert Schultz v. Norton Company
State Court, Chicago, Illinois. The plaintiff lost his
right dominant hand while operating a grinding machine made by the
defendant. Mr. Stalmack was able to obtain a defense verdict
on behalf of the defendant, Norton Company.