C. Barry Montgomery, Esq.

Practice Areas:

Commercial Litigation, Product Liability, Professional Liability, Construction, Class Action & MDL Litigation

Biography

C. Barry Montgomery is a founding partner of the 40-lawyer commercial litigation firm of Williams Montgomery & John Ltd. Mr. Montgomery, together with Peter John, is chair of the firm’s commercial litigation practice. He also is a member of the firm’s product liability and professional liability practice groups. Mr. Montgomery focuses his practice on complex commercial litigation, product liability, class actions and construction litigation, as well as directors’ and officers’ liability and professional liability litigation. He is a Fellow of the International Academy of Trial Lawyers, a Fellow of the International Society of Barristers and a Fellow of the Litigation Counsel of America. He is “AV Preeminent” peer review rated by Martindale-Hubbell, reflecting the highest peer recognition for ethical standards and legal ability.

Mr. Montgomery has been recognized by his fellow lawyers and numerous publications as one of the outstanding trial lawyers in the United States. He has been recognized by The National Law Journal as one of the “Top 10 Litigators in the United States,” and recently was selected by Leading Lawyers Network as one of the “Top 10 Leading Business Litigators in Illinois.” Each year since 1989, Mr. Montgomery has been recognized by Best Lawyers in America and currently is listed in this publication for bet-the-company litigation, commercial litigation, personal injury litigation and medical malpractice law. Leading Lawyers Network has named Mr. Montgomery one of the leading lawyers in Illinois for the defense of product liability actions as well as one of the “Top Ten Commercial Litigation Lawyers in Illinois.” Since 2002, Mr. Montgomery has been recognized in the International Who’s Who of Product Liability Defense Lawyers.

Mr. Montgomery is an active trial lawyer who has tried more than 150 jury trials to verdict in state and federal courts throughout the United States.

In the commercial litigation area, Mr. Montgomery’s significant representations include the successful defense of a major hedge fund firm in a lawsuit for breach of contract, breach of fiduciary duty and fraud. In another case, he successfully represented a director and a member of the audit committee in a multimillion-dollar breach of fiduciary duty lawsuit by a trustee in bankruptcy involving a major publicly traded company. Mr. Montgomery’s representation of a national construction company in a multimillion-dollar lawsuit for breach of contract and delay damages resulted in his selection by The National Law Journal as one of the “Top 10 Litigators in the United States.”

Mr. Montgomery’s significant representations in the product liability area include serving as national trial counsel for Fisher-Price (US) Inc. defending its child restraint car seat litigation. He currently serves as regional trial counsel for Black & Decker and as regional trial counsel for Bausch & Lomb, Inc., the world’s leading optical manufacturer. Mr. Montgomery also has served as regional trial counsel for Genentech, Inc., defending the company in a series of pharmaceutical cases, and he was national trial counsel for Muskin Pools and Sears with respect to product liability claims involving above-ground swimming pools.

Several of Mr. Montgomery’s product liability verdicts have been recognized by The National Law Journal as “Outstanding Defense Verdicts” in the United States, including the successful defense of Black & Decker (US) Inc. in a product liability lawsuit for compensatory and punitive damages arising out of the alleged defective design of a power saw, and for his successful representation of Bill Kelley Athletic, Inc. (formerly McGregor Sports) in a product liability lawsuit alleging the defective design of a football helmet worn by an 18-year-old plaintiff who became a quadriplegic when making a tackle.

Education/Bar Admissions

Mr. Montgomery received a B.A., cum laude, in 1959 from Muskingum University and received his J.D. in 1962 from the University of Michigan Law School, where he was a Lecki Scholar. He received a DPS in 2005 from Muskingum University.

Mr. Montgomery has served as a faculty instructor at the University of Michigan, Advocacy Institute, Ann Arbor, Mich., 1985; National Institute for Trial Advocacy, Advanced Program, Boulder, Colo., 1986; International Association of Defense Counsel Trial Academy, Boulder, Colo., 1987; and Illinois State Bar Association, Trial Techniques Institute, Chicago, Ill., 1999.

 

Mr. Montgomery was admitted to the Illinois bar in 1962 and also has been admitted in the following federal and state trial and appellate courts:

• U.S. District Court, Northern District of Illinois (including the trial bar)
• Supreme Court of Illinois
• U.S. Court of Appeals, Seventh Circuit
• U.S. Court of Appeals, Eighth Circuit
• U.S. Court of Appeals, Ninth Circuit
• U.S. Court of Appeals, D.C. Circuit
• United States Supreme Court

In addition, he has been admitted pro hac vice in numerous jurisdictions, including Alabama, Alaska, Arizona, Arkansas, California, Colorado, Connecticut, Florida, Indiana, Iowa, Kansas, Kentucky, Louisiana, Massachusetts, Menomonee Trial Court, Michigan, Missouri, Montana, Nebraska, Nevada, New Jersey, New York, Oklahoma, Oregon, Pennsylvania, Tennessee, Texas, U.S. Virgin Islands, Washington, West Virginia, Wisconsin and Wyoming.

Professional Activities/Recognition

Mr. Montgomery is a Fellow of the International Academy of Trial Lawyers, a Fellow of the International Society of Barristers and a Fellow of the Litigation Counsel of America. He is a member of numerous professional organizations, including:

• Chicago Bar Association
• Illinois State Bar Association
• American Bar Association
• Seventh Circuit Bar Association Counsel
• Legal Club of Chicago
• The Society of Trial Lawyers
• Trial Lawyers Club of Chicago
• Illinois Association of Defense Trial Counsel
• Illinois Association of Health Care Attorneys
• Trucking Industry Defense Association
• Defense Research Institute

Mr. Montgomery has been recognized as one of the outstanding trial lawyers in the United States by his fellow lawyers and numerous publications, including:

• Best Lawyers in America, 1989-2011: currently listed for bet-the-company litigation, commercial litigation, personal injury litigation and medical malpractice law.
• “Top 10 Litigators in the United States,” The National Law Journal, May 1996.
• “Top 10 Litigators in Illinois,” The National Law Journal, November 1999.
• “Top Ten Leading Commercial Litigators in Illinois,” Leading Lawyers Network, January 2009, July 2010.
• “Top Ten Leading Business Lawyers in Illinois,” Leading Lawyers Network, January 2009, July 2010.”
• “500 Leading Lawyers in America,” Lawdragon, May 2010.
• “Top 20 Tort Defense Lawyers,” Chicago Lawyer, January 2003.
• Martindale-Hubbell Law Directory “AV” (highest) rating.
• International Who’s Who of Product Liability Defense Lawyers, 2002-2010.
• International Who’s Who of Business Lawyers, 2009-2011.
• Illinois Super Lawyers, “The Top 100,” 2011.
• Illinois Super Lawyers, Business Litigation, 2010.
• Who’s Who in the World, 2006-2011.
• Who’s Who in American Law, 1994-1995, 2005-2010.
• Who’s Who in America, 1996-2011.
• Who’s Who in the Midwest, 1986-1987, 1992-2011.
• Profile: “Montgomery for the Defense,” Chicago Magazine, July 1984.
• Profile: “Defense Attorney: Think Like a Winner to Be a Winner,” Chicago Lawyer, January 2003.
• Profile: “Barry Montgomery: Defense Attorney Knows How to Talk to Joe the Juror,” Leading Lawyers Network Magazine/Business Edition, January 2009.

Mr. Montgomery is a frequent speaker and has written numerous articles and chapters on topics relating to trial practice. His publications include the chapter on “Cross-Examination of the Catastrophically Injured Plaintiff” in Your Witness – Lessons on Cross-Examination and Life from Great Chicago Trial Lawyers, Law Bulletin Publishing Company.

Representative Cases

Commercial

Smith as Bankruptcy Plan Trustee for Estate of Boston Chicken, Inc. v. Arthur Andersen LLP, et al., U.S. District Court, District of Arizona: Obtained settlement of breach of fiduciary duty claims by trustee against client Arthur Andersen arising out of bankruptcy of Boston Chicken, Inc. Case settled after extensive discovery and while summary judgment motions were pending.

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.

Central Illinois Light Co. v. Freeman United Coal Co., Arbitration, Chicago, Ill.: Won breach of contract suit on behalf of Central Illinois Light Co. Plaintiff sought damages and termination in connection with a long-term coal supply agreement.

Montgomery, et al. v. Aetna Plywood, et al., U.S. District Court, Northern District of Illinois: Won class action on behalf of defendant ESOP trustee. Beneficiaries of ESOP Trust brought lawsuit against corporation and its ESOP trustees for breach of fiduciary duties and ERISA violations.

Whirlpool Corporation, et al. v. Sensata Technologies, Inc., et al., Circuit Court of Cook County, Ill.: Currently represent plaintiff in multimillion-dollar commercial lawsuit arising out of recall of Whirlpool and Maytag refrigerators. Case pending.

Construction

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. (Selected by The National Law Journal as one of the “Outstanding Defense Verdicts” in the United States).

Sears Roebuck and Co. v. Duke-Weeks Realty Limited Partnership, et al., Circuit Court of Will County, Ill.: Settled multimillion-dollar lawsuit brought against client Duke-Weeks Realty involving a commercial warehouse owned by the client. Plaintiff tenant alleged roof collapse was caused by faulty construction, design and failure to maintain.

Transportation

Rachel Barton v. Northeast Illinois Regional Commuter Authority (METRA) and Union Pacific Railroad Co., Circuit Court of Cook County, Ill.: Represented defendants Metra and Union Pacific in the most highly publicized civil trial in Cook County, Ill., history. Rachel Barton, a 20-year-old celebrity violinist, became caught in door and dragged by commuter train resulting in amputation of her legs. Case decided for plaintiff.

Insurance

Vancom v. Zurich American Insurance Company, U.S. District Court, District of Nevada: Settled lawsuit on behalf of defendant Zurich in suit brought by insured claiming insurance bad faith and breach of contract. Case arose out of a $26 million excess verdict against Zurich’s insured.

Antitrust

United States of America v. International Paper Company, et al., U.S. District Court, Southern District of Texas: Won criminal antitrust case on behalf of Weyerhaeuser employee alleging national conspiracy to fix prices in the corrugated box industry in violation of the Sherman Act. At the time, was the largest criminal antitrust suit brought by the U.S. government against a single industry.

Class Action

James M. McKevitt, et al. v. The Chicago Athletic Association, et al., U.S. Bankruptcy Court, Northern District of Illinois, Eastern Division: Settled class action lawsuit on behalf of plaintiffs against officers of Chicago Athletic Association for breach of fiduciary duty.

Product Liability

Whirlpool Corporation v. Sensata Technologies, Inc. and Texas Instruments Inc., Circuit Court of Cook County, Ill.: Currently represent client Whirlpool in product liability lawsuit brought against Texas Instruments to recover damages caused by recall of 1.8 million refrigerators. Texas Instruments is the manufacturer of the component part that allegedly caused the recall. Case pending.

Smith v. Black & Decker, Circuit Court of Will County, Ill.: Won product liability lawsuit brought against client Black & Decker seeking $12 million compensatory and punitive damages. Case arose out of alleged defective design of Black & Decker power saw. (Selected by The National Law Journal as one of the “Outstanding Defense Verdicts” in the United States).

Estate of Cody Quimby, minor v. Sears, Roebuck and Co., U.S. District Court, District of Arizona: Won product liability lawsuit brought against client Sears alleging defective design of above-ground pool manufactured and sold by Sears. Plaintiff, age 15, became a quadriplegic after diving into the pool.

Lister v. Bill Kelley Athletic, Inc., Circuit Court of DuPage County, Ill.: Won product liability lawsuit brought against client Kelley Athletic, Inc. (formerly McGregor Sports), manufacturer of football helmets, alleging defective design and failure to warn. Plaintiff became a quadriplegic when making a tackle during a high school football game.

Cartwright v. Goodyear Tire Company, Circuit Court of Cook County, Ill.: Settled product liability tire separation case brought against client Goodyear. Case previously tried by different defense counsel, resulting in $12 million verdict that was overturned on appeal.

Medical Malpractice

Ailey v. Northwestern Memorial Hospital, Circuit Court of Cook County, Ill.: Won medical malpractice suit for defendant hospital. Plaintiff alleged brain injury to newborn during forceps delivery. (Selected by The National Law Journal as one of the “Outstanding Defense Verdicts” in the United States).

Practicing: Complex Commercial Litigation, Professional Liability Defense, Products Liability