Biography

Howard L. Huntington is a partner of Williams Montgomery & John Ltd. and a member of the firm’s construction, product liability, employment, transportation and toxic tort practice groups. He focuses his practice on construction, business, commercial, product liability, civil rights and transportation litigation. He has successfully represented corporations, banks and municipalities in a wide variety of civil litigation. He is “AV Preeminent” peer review rated by Martindale-Hubbell, reflecting the highest peer recognition for ethical standards and legal ability.

Mr. Huntington has defended Ragnar Benson, Inc., Pasquinelli, Inc., Walsh Construction Company of Illinois and numerous other construction contractors and subcontractors in catastrophic injury and wrongful death suits. He also has defended high-stakes injury and wrongful death claims brought against trucking and motor freight companies such as Dallas & Mavis Specialized Carrier Co. and Penske Truck Leasing Corporation.

Mr. Huntington has substantial experience defending manufacturers in product liability and asbestos lawsuits representing such companies as Fanuc Robotics America, Inc., Sinto America, Inc., McMaster-Carr Supply Company, Mitsubishi Caterpillar Forklift America, Inc., Sharp Electric Corporation, Epson America, Inc., Canteen Corporation and Borg-Warner Corporation.

In addition, Mr. Huntington has handled numerous premises liability matters on behalf of hotels, casinos and retailers such as Renaissance Chicago North Shore Hotel, Majestic Star Casino, Inc., Trump Indiana, Inc., Peninsula Chicago Hotel Management, Inc., Estee Lauder Companies and Starwood Hotels & Resorts Worldwide, Inc. He also has defended numerous retailers and wholesalers in federal actions brought under the Indian Arts and Crafts Act alleging misrepresentation of knock-off Native American-produced goods.

Mr. Huntington has extensive experience in breach of contract matters and disputes under the Uniform Commercial Code representing corporations, construction companies and real estate development companies such as Worstell Construction, Inc., Corn Products International, Canfield Electric, Inc., Bauer Heating, Acorn Metal Services, Inc. and G.H. Wolfe & Sons, Inc. His commercial litigation practice also includes the representation of entrepreneurs and family owned businesses in litigation involving claims of failure to pay for goods and services, failure to deliver conforming goods and services, and unfair business practices and competition.

In the employment area, Mr. Huntington has defended municipalities and public entities in Title VII discrimination cases, Section 1983 public employee cases, employment contract and other matters. His representations have included the City of Park Ridge, Ill., City of Elkhart, Ind., Northern Indiana Commuter Transportation District and the Porter County, Ind., Sheriff’s Department. He argued before the Seventh Circuit Court of Appeals and prevailed in the equal protection matter of Jensen v. City of Wilmington, Ill.

Mr. Huntington began his legal career representing financial institutions and then worked for two civil defense litigation firms before joining Williams Montgomery & John.

Education/Bar Admissions

Mr. Huntington received a B.A. in political science in 1995 from the University of Illinois at Urbana-Champaign, where he was president of Psi Upsilon fraternity, a trombonist in the Marching Illini, a cartoonist for a campus newspaper, and was awarded the Sachem Leadership Honorary. He received his J.D. in 1998 from Chicago-Kent College of Law, where he was president of the Corporate Law Society and competed as a member of the copyright moot court team in the Cardozo/BMI moot court competition in New York.

Mr. Huntington was admitted to the Illinois bar in 1998 and the Indiana bar in 2000, and also has been admitted to the following federal trial and appellate courts:

• U.S. District Court, Northern District of Illinois
• U.S. District Court, Southern District of Illinois
• U.S. District Court, Northern District of Indiana
• U.S. Court of Appeals, Seventh Circuit

In addition, Mr. Huntington has been admitted pro hac vice in the U.S. District Court, Western District of Pennsylvania, U.S. District Court, District of Rhode Island, and Wisconsin state court, and has been granted permission to practice in England in accordance with the Hague Convention by the High Court of Justice, Queen’s Bench Division.

Professional Activities

Mr. Huntington is active in various professional and civic organizations, including:

• Illinois State Bar Association
• Indiana State Bar Association
• Defense Research Institute
• Illinois Association of Defense Trial Counsel
• Defense Trial Counsel of Indiana
• Lake County (Indiana) Bar Association
• National Eagle Scout Association
• Rotary International

Mr. Huntington was awarded the 2010 Harrison Legal Writing Award (second place) by the Indiana State Bar Association for his article on negligent infliction of emotional distress published in Res Gestae.

Mr. Huntington, an Eagle Scout, is an avid supporter of the Boy Scouts of America, serving as the chairman of the Chicago Chapter of the National Eagle Scout Association and volunteering as a law merit badge counselor for the Chicago Area Council and Northwest Suburban Council of the Boy Scouts of America.

He is a member of the board of directors of the Chicago Illini Club and of the alumni board of the Omicron Chapter of Psi Upsilon fraternity. He is captain of the firm’s running team for the annual “Race Judicata 5K” benefiting Chicago Volunteer Legal Services and is a member of the Arlington Trotters Running Club in Arlington Heights, Ill.

Representative Cases

Commercial

Native American Arts, Inc. v. Contract Specialties, Inc., U.S. District Court, Northern District of Illinois: Won motion for dismissal of case against jewelry manufacturer client for lack of personal jurisdiction.

Sim v. Worstell Construction, Inc., American Arbitration Association, Chicago, Ill.: Achieved nuisance value arbitration decision of $1,000 defending construction company in AAA arbitration brought by homeowners alleging six-figure claims of breach of warranty and breach of contract.

Native American Arts, Inc. v. The Waldron Companies, U.S. District Court, Northern District of Illinois: Established evidence for the defense ultimately contributing to defense verdict on behalf of jewelry manufacturer. Client was accused of misrepresenting jewelry as Native American made in violation of the Indian Arts and Crafts Act.

Midco, Inc. v. Securitylink from Ameritech, Circuit Court of Cook County, Ill.: Obtained favorable settlement on behalf of seller of telephone communications systems in lawsuit against a customer that refused to pay plaintiff and filed a counterclaim alleging nonconforming goods. Defendant claimed agreement with plaintiff was made by predecessor entity and that defendant did not assume predecessor’s liabilities. Successfully argued that defendant was responsible for predecessor’s debts pursuant to a de facto merger.

Acorn Metal Services, Inc. v. Universal Industries, Circuit Court of Cook County, Ill.: Won judgment on behalf of plaintiff against customer that refused to pay for specially manufactured sheet metal.

Product Liability

Dal Pozzo v. Basic Machinery Company, Inc., U.S. Court of Appeals, Seventh Circuit: Represented robotics manufacturer in favorably resolved product liability action involving severe de-gloving injury. Seventh Circuit affirmed trial court’s award of costs and attorneys’ fees against opposing third-party defendant as sanction for post-settlement obstructionism requiring motion to enforce settlement agreement.

Sergott v. Canteen Corp., Circuit Court of Madison County, Ill.: Secured favorable settlement on behalf of defendant in face of pending motion for summary judgment. Action alleged that defendant exposed plaintiff to asbestos.

Janco Composites, Inc. v. Acra Electric Corp., Circuit Court of Cook County, Ill.: Achieved nuisance value settlement of $5,000 on behalf of defendant industrial supply company that sold a drum heater blamed for seven-figure property damage sustained in industrial fire. Case settled in face of pending motion for summary judgment.

Construction

Shervino v. Ragnar Benson, Inc., Circuit Court of Cook County, Ill.: Successfully defended contractor in lawsuit brought by an ironworker who sustained multiple permanent injuries from falling down a two-story stairwell during church construction. Case confidentially resolved in manner favorable to defendant.

Premises Liability

Hall v. Starwood Hotels & Resorts Worldwide, Inc., U.S. District Court, Northern District of Illinois: Achieved favorable and confidential settlement on behalf of defendant hotel in premises liability action for wrongful death of successful English attorney. Plaintiff alleged death caused by contributing factors of trauma and subsequent medical malpractice.

Reipsa v. Trump Indiana, Inc., Circuit Court of Cook County, Ill.: Won motion to dismiss for lack of personal jurisdiction on behalf of Indiana casino despite allegations casino arranged for transport of Illinois patrons from Illinois to Indiana. Plaintiff claimed negligence and dram shop liability based on fractures allegedly incurred during a purported fist fight on casino’s premises in Indiana.

Employment

Irving v. City of Elkhart, Ind., U.S. District Court, Northern District of Indiana: Won summary judgment on behalf of city accused of discrimination and retaliation. Court found no adverse job action.

Shelt-Seymore v. City of Elkhart, Ind., U.S. District Court, Northern District of Indiana: Won partial summary judgment on behalf of defendant employer accused of religious discrimination.

Civil Rights

Jensen v. City of Wilmington, Ill., U.S. District Court, Northern District of Illinois: Won oral argument and appeal before the U.S. Court of Appeals, Seventh Circuit, affirming district court judgment in favor of municipality in lawsuit alleging “class of one” equal protection claim.

Neddef v. Northern Indiana Commuter Transportation District, Superior Court of Lake County, Ind.: Won summary judgment on behalf of transportation district and its officer in lawsuit alleging false arrest, battery and other claims.

National Insurance Crime Bureau v. Daniels, U.S. District Court, Northern District of Indiana: Argued and won preliminary injunction on behalf of not-for-profit corporation in federal declaratory judgment action on basis of federal grand jury secrecy blocking state court discovery in action claiming false imprisonment pending in state court. Decision affirmed by U.S. Court of Appeals, Seventh Circuit.

Trucking and Transport

Baldridge v. Dallas & Mavis Specialized Carrier Co., U.S. District Court, Northern District of Indiana: Defended oversize hauler in action alleging wrongful death and negligent infliction of emotional distress arising from fatal collision. Case confidentially resolved.

Salazar v. Technistone USA, Inc., Circuit Court of Cook County, Ill.: Achieved favorable confidential settlement on behalf of countertop materials seller in wrongful death action claiming bulk delivery of materials was improperly secured for transport.

Mildred v. Mayson, Circuit Court of Cook County, Ill.: Won motion to dismiss for lack of personal jurisdiction in action for wrongful death arising from fatal collision in Indiana. Motion granted despite allegations that defendant acquired the vehicle involved in Illinois and owed debts in Illinois.

Publications

“Expanding While Contracting: The Dynamic State of Negligent Infliction of Emotional Distress in Indiana,” Res Gestae, Indiana State Bar Association, March 2010.

“Dangerous Territory: How the Indian Arts and Crafts Act Can Ruin Your Business,” In-House Defense Quarterly, Winter 2010.

Attorney News & Announcements

Indiana State Bar Association’s “Why Lincoln Was a Lawyer” Program

Law Merit Badge Day for Chicago Boy Scouts