Biography

Brigid E. Kennedy is a partner of Williams Montgomery & John Ltd. and a member of the firm’s commercial litigation and professional liability practice groups. She focuses her practice on commercial litigation, including professional liability and coverage cases.

Ms. Kennedy is “AV Preeminent” peer review rated by Martindale-Hubbell, reflecting the highest peer recognition for both ethical standards and legal ability. She has been selected by her peers for inclusion in Illinois Leading Lawyers for commercial litigation, insurance, insurance coverage and reinsurance, and professional malpractice defense law. She also has been selected as one of the “Top 100 Women in Illinois” for business litigation.

Ms. Kennedy has litigated, mediated and arbitrated commercial and professional liability cases in courts and ADR forums throughout the country. Her extensive experience includes commercial litigation, construction litigation, legal and financial professional liability matters, and insurance coverage matters.

Ms. Kennedy has represented law firms through the country in malpractice cases involving patents, securities fraud, conspiracy, RICO, lender liability, medical malpractice and wrongful death. She also has arbitrated complex commercial matters involving power plant construction and complex insurance coverage matters.

Ms. Kennedy joined the firm in 1989 after a summer associate internship and was made a partner of the firm in 1997.

Education/Bar Admissions

Ms. Kennedy received a B.A. in art history and French, cum laude, in 1986 from Wellesley College. She also studied art history at New York University in Paris and at Paris IV, La Sorbonne. She received her J.D. in 1989 from Loyola University of Chicago School of Law, where she was an editor of the Loyola Consumer Law Reporter. She also studied international and comparative law in France.

Ms. Kennedy was admitted to the Illinois bar in 1989 and also is admitted in the U.S. Court of Appeals for the Seventh Circuit.

Professional Activities

Ms. Kennedy is active in various professional and civic organizations, including:

• Chicago Bar Association, past appointee, Investigative Division, Judicial Evaluation Committee
• Illinois State Bar Association
• American Bar Association, judge, Client Counseling Competition, 1991,1992, 1993, 1995
• Loyola Consumer Law Reporter, member, Advisory Board
• Wellesley College Alumnae Association of Chicago, Regional Class Reunion Chair, National Class Reunion Officer, 2011

Representative Cases

Bechtel Power Corp., et al. v. Athens Generating Corp., et al. v. Siemens Westinghouse Power Corp., Arbitration in Washington, D.C.: Achieved verdict of “not guilty” for client Siemens Westinghouse Power (as co-counsel with Peter John) in arbitration of construction claims brought by Athens Generating seeking tens of millions of dollars in delays and liquidated damages. Siemens supplied combustion turbine generators and other equipment to a power plant in New York owned by Athens. When delays derailed the construction schedule, the general contractor, Bechtel, sued Athens for liquidated and other damages. Athens sought contribution or indemnity from Siemens. After a hearing spanning periods over more than three years, the arbitration panel found that Athens was entitled to no relief from Siemens by way of contribution, indemnity or otherwise.

Siemens Westinghouse Power Corp. v. The Shaw Group, Inc. and Stone & Webster, Inc., U.S. District Court, Central District of Illinois, Rock Island Division: Won summary judgment for Siemens, defeating $7 million claim for liquidated damages based on the alleged delay in delivering a turbine to a power plant in Cordova, Ill.

WINFertility, Inc. v. IntegraMed, Inc., Supreme Court of the State of New York, County of Westchester, White Plains, N.Y.: Won jury verdict for client WINFertility in breach of contract claim against IntegraMed. After a three-week trial, jury found IntegraMed breached a five-year contract after one year, but found no breach by WINFertility.

Prudential Plaza Associates v. Turner Construction Company, Circuit Court of Cook County, Ill. Won $9 million breach of contract and promissory fraud counterclaim for defendant Turner Construction. Plaintiff originally sought $37 million in delay and remedial damages arising out of the construction of Two Prudential Plaza. Assisted in preparing for trial, resulting in winning verdicts on complaint and counterclaim. (Selected by The National Law Journal as one of the “Outstanding Defense Verdicts” in the United States).

APR v. Goodyear Tire Co., Circuit Court of Cook County, Ill.: Obtained favorable settlement for client Goodyear in breach of contract suit arising out of a disputed distributorship agreement.

Gravdahl v. Conwell, U.S. District Court, Northern District of Illinois: Achieved favorable mediation result in the U.S. Court of Appeals, Seventh Circuit, for securities broker client in class action lawsuit alleging broker-dealer and intermediary misfeasance.

City of Dubuque, Iowa v. Davis, Hockenberg, U.S. District Court, Southern District of Iowa: Obtained favorable settlement on behalf of Iowa’s largest law firm in a legal malpractice claim arising out of the theft by a trust manager of $61 million in assets from a trust allegedly improperly drafted by the firm. Lost on liability as to trust beneficiaries; won as to claims of trustees and on apportionment of damages claimed by co-defendant trust administrator, Bankers Trust. Case settled for $2 million.

Consumer Systems Corporation v. Continental Bank, et al., Circuit Court of Cook County, Ill.: Obtained judgment in favor of law firm and attorney defendants in litigation involving lender liability, alleged professional negligence, alleged employee dishonesty and RICO claims. Judgment affirmed by the 1st District Appellate Court on August, 11, 1997.

Ferguson v. Roberts, U.S. Court of Appeals, Seventh Circuit: Obtained judgment in favor of defendant attorneys in securities fraud litigation involving an alleged scheme to defraud investors in real estate. Prevailed on appeal, 11 F.3d 696 (7th Cir. 1993).

Kotlisky v. Attorneys, U.S. District Court, Northern District of Illinois: Obtained judgment in favor of defendant attorneys in securities fraud litigation involving alleged scheme to defraud investors in an Indian gaming casino.

Polsky v. Indeck Energy, Circuit Court of Lake County, Ill.: Resolved lawsuit against client Indeck Energy brought by former president seeking $100 million in damages for breach of shareholders’ agreement, employment agreement and fiduciary duties, as well as fraud. Case settled during trial.

Eirich Machines, Inc. v. Zurich Insurance Co., et al., Circuit Court of Cook County, Ill.: Represented defendant Zurich Insurance in lawsuit brought by German manufacturer seeking coverage for property damage claim, and seeking damages, attorneys’ fees and penalties for bad faith claim. Won on bad faith claim; settled property damage claim.

Emerson v. Aetna, Circuit Court of Cook County, Ill.: Obtained summary judgment for client Home Insurance in environmental clean-up case involving 27 sites nationwide and seeking $30 million in coverage.

Methode Electronics v. A law firm, Circuit Court of Cook County, Ill.: Obtained favorable settlement for defendant Methode Electronics alleging failure to have valid and enforceable patents on an interconnect device for surface mount applications.

United National v. Entertainment Group, U.S. Court of Appeals, Seventh Circuit: Won summary judgment for plaintiff in declaratory judgment action against a theatre owner in negligence lawsuit alleging that minor customer was sexually assaulted in theatre. Decision affirmed on appeal, 945 F.2d 210.

Speeches and Presentations

Faculty Member, “Rules 2010: A Closer Look at the New Illinois Rules of Professional Conduct,” Law Bulletin Seminar, November 2009.