Biography

Thomas H. Neuckranz is a partner of Williams Montgomery & John Ltd., chair of the firm’s toxic torts and aviation practice groups, and a member of the product liability, commercial litigation and class action practice groups. He focuses his practice on complex commercial litigation, construction, mass and toxic torts, catastrophic injuries, product liability, aviation, professional malpractice and employment litigation. Mr. Neuckranz is “AV Preeminent” peer review rated by Martindale-Hubbell, reflecting the highest peer recognition for ethical standards and legal ability.

Mr. Neuckranz has been named by his peers for inclusion in Illinois Leading Lawyers for commercial litigation, class action/mass torts, product liability and toxic torts. He also has been selected for inclusion in Illinois Super Lawyers for civil litigation and class action/mass torts. He is a recommended lawyer in The American Lawyer’s National Directory of Product Liability Lawyers.

Mr. Neuckranz has more than 30 years of jury trial experience, handling hundreds of cases in state and federal courts throughout the United States and successfully trying more than 60 cases to verdict. He has represented numerous clients in a range of industries, including Atlantic Richfield, Avco Corporation, Bell Helicopter, Black & Decker, Bud Distributing, Inc., Coastal Corporation, Dunlop Tires, Eagle Picher, El Paso Corporation, Ford Motor Company, Goodyear, IBM, Interco Tire, Johns Manville, Kelly Springfield, Kubota Tractor Corporation, Lycoming Engines, Sharp Electronics, Standard Asbestos, Tao & Associates, Terminix, Textron, Titanium Metals Corporation and Zenith Electronics.

In the commercial litigation area, Mr. Neuckranz has handled cases involving breach of contract, fraud, real estate disputes and environmental remediation matters. He has defended numerous class actions involving contract claims, including representation of Lake County, Ill., in homeowner taxation litigation, Oak Park, Ill., in sewer flood litigation, a contractor in deep tunnel litigation, and municipalities in race and gender housing discrimination claims. He also has defended corporations and municipalities in Title VII discrimination cases, Section 1983 public employee cases and employment contract cases.

Mr. Neuckranz has extensive experience in product liability, mass and toxic tort, and asbestos litigation matters, including class actions. For example, he represented Ford Motor Company in dozens of Ford Explorer cases involving tread separations of Firestone tires in federal and state courts in Illinois, Indiana, Iowa, Virginia, Pennsylvania and Florida. He also has represented manufacturers in toxic tort and medical monitoring class actions involving TCE, DES, ureaformaldehyde, salmonella and building products.

In aviation litigation, Mr. Neuckranz has handled catastrophic commercial airline, general aviation and helicopter crash cases, general aviation and alleged engine and other component failures, asbestos cases, airline overbooking claims and contract disputes with suppliers. He has obtained dismissals based on forum non conveniens grounds for cases filed in the United States involving accidents in other countries, and successfully has removed cases to federal court based on federal officer and diversity jurisdictional grounds (despite an in-state resident defendant).

In addition, Mr. Neuckranz has represented doctors and hospitals in hundreds of medical malpractice cases involving a variety of issues, including delayed cesarean, birth defects caused by drugs, failure to diagnose and failure to refer to a specialist. He also has represented nursing homes in cases involving dicibutous ulcers, burns, dehydration, physical abuse, sexual assault, “slip and fall” incidents, alarm failure, and failure to provide adequate therapy/exercise/ treatment/referral under the Nursing Home Care Reform Act.

Education/Bar Admissions

Mr. Neuckranz received a B.S. in aeronautical engineering in 1970 from Princeton University. He received his J.D. in 1974 from Northwestern University School of Law. He has served as a faculty instructor on the principles and techniques of conducting civil jury trials at a Professional Trial Lawyers College of Advocacy training program held at the University of Illinois College of Law.

Mr. Neuckranz was admitted to the Illinois bar in 1974 and also has been admitted to the following federal trial and appellate courts:

• U.S. District Court, Northern District of Illinois (including the trial bar)
• U.S. District Court, Central 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
• United States Supreme Court

In addition, Mr. Neuckranz has been admitted pro hac vice in 15 to 20 state and federal courts throughout the country.

Professional Activities

Mr. Neuckranz is active in numerous professional organizations, including:

• Chicago Bar Association
• Illinois State Bar Association
• American Bar Association
• Product Liability Advisory Council (PLAC)
• The Trial Lawyers Club of Chicago
• Illinois Association of Defense Trial Counsel
• The Society of Trial Lawyers
• Defense Research Institute: Product Liability Committee, Employment Law Committee, Toxic Tort Committee, and Business Torts Specialized Litigation Group of the Commercial Litigation Committee
• Federation of Defense & Corporate Counsel: Toxic Tort & Environmental Law Section, Employment Practices Section, Professional Liability Section, Class Action and Multidistrict Litigation Section, Commercial Litigation Section, Products Liability Section, and Drug, Device and Biotechnology Section

Representative Cases

Product Liability

Peterson v. Goodyear Tire & Rubber Co., Circuit Court of Cook County, Ill.: Achieved verdict in favor of Goodyear Tire in product liability suit seeking $21 million in damages. Plaintiff alleged that a defective Goodyear tire resulted in a tread separation, causing a vehicle rollover accident that resulted in plaintiff’s quadriplegia. This case was cited by The National Law Journal as one of the “Outstanding Defense Verdicts” in the United States.

Brown v. Titanium Metals Corporation of America (Timet), Illinois state courts, federal district courts sitting in Illinois, and various other courts throughout the country: Successfully resolved a product liability mass tort action with no payment of damages by client Titanium Metals Corporation of America (Timet). Plaintiffs alleged that a titanium ingot manufactured/supplied by Timet resulted in metal fatigue of an engine part, causing the United Airlines crash in Sioux City, Iowa, that resulted in more than 100 deaths and numerous injuries. Other defendants United Airlines, McDonnell Douglas and General Electric settled the case.

Vasilion v. Hapag-Lloyd, Three I Truck Lines, Circuit Court of Cook County, Ill.: Obtained favorable settlement on behalf of Three I Truck Lines, an illegal transporter of an allegedly defective container that hit a Chicago expressway overpass and was torn from the trailer bed, rendering the primary plaintiff severely brain damaged. Assumed case two weeks before trial on behalf of Three I Truck Lines, which admitted fault. Case sought to allocate a $39.5 million damages award among defendants. Jury allocated only 55 percent of damages against Three I Truck Lines, 20 percent against the loader and 25 percent against the container owner. Case ultimately settled for $19 million (less than 50 percent of damages award).

Kantor v. Ford Motor Company, U.S. District Court, Northern District of Indiana: Obtained dismissal of lawsuit against client Ford Motor Company after filing successful motions, including a Daubert motion, to bar plaintiff’s experts from testifying. Plaintiff suffered multiple back and facial fractures and allegedly contracted hepatitis C as a result of an allegedly defective airbag that deployed during a severe side impact crash.

Holmes v. Goodyear Tire & Rubber Co., U.S. District Court, Northern District of Illinois: Achieved verdict in favor of Goodyear in this case brought by a 37-year-old who was permanently disabled by injuries allegedly suffered while unloading Goodyear tires from a tractor trailer loaded by Goodyear.

Largosa v. Ford Motor Company, Circuit Court of Cook County, Ill.: Won motion for dismissal of case against client Ford Motor Company on grounds of spoliation of evidence by the plaintiff. This product liability lawsuit alleged manufacturing and design defects of seat belt and seat backs resulting in severe internal injuries.

Estate of Sam Angeletti v. Cherne Industries, Inc., Circuit Court of DuPage County, Ill.: Won verdict for Cherne Industries in product liability lawsuit. Plaintiff alleged that sewer plug manufactured by Cherne became dislodged due to manufacturing and design defects causing plaintiff’s decedent to drown in sewer water.

Johnson v. Avco/Textron/Lycoming et al., U.S. District Court, Eastern District of Missouri: On behalf of defendants Avco, Textron and Lycoming, successfully removed case to federal court despite existence of resident defendant that had not yet been served with summons. Case involved general aviation catastrophic crash that resulted in five deaths. Settled for confidential amount after motion to remand was denied.

Gaskin v. Sharp Electronics, U.S. District Court, Northern District of Indiana: Product liability case involving an alleged defective TV. Successfully obtained an order in a Daubert hearing to bar the plaintiff’s expert from testifying in fire death case against client Sharp Electronics. Settled for nuisance amount after Daubert ruling.

Toxic Tort/Product Liability

Wolf v. Susk Imports, Circuit Court of Cook County, Ill.: Achieved $493,000 judgment, plus interest, on behalf of plaintiff for damages caused by environmental pollution of property. Client brought this breach of contract and fraud case against the tenant of commercial real estate being used as a car dealership.

Scheldt v. Terminix, Circuit Court of Champaign County, Ill.: Achieved verdict of not guilty for Terminix in a product liability/toxic tort case. Two plaintiffs alleged improper application of Dursban caused them to suffer multiple chemical sensitivity syndrome.

Various Plaintiffs v. Liquid Carbonic Corporation (n/k/a Praxair, Inc.), various courts in Texas, DuPage County, Ill., and Cook County, Ill.: On behalf of Liquid Carbonic, obtained nuisance value settlements in Texas, summary judgment in DuPage County, Ill., and summary judgment dismissals in Cook County, Ill. Plaintiffs in these product liability/toxic tort lawsuits alleged brain damage and neurological damage caused by inadequate warnings and defective design of tanks of ethylene oxide.

Atwood v. Milwaukee Solvents, Circuit Court of McHenry County, Ill.: Obtained nuisance value settlements of $2,500 to $3,500 per plaintiff in product liability class action and mass tort case seeking $100 million in damages against client Milwaukee Solvents. Plaintiffs claimed contamination of a subdivision’s underground water supply due to the alleged defective manufacture and supply of TCE (trichloroethylene).

Hyatt Hotel v. Rose Acre Farms, Circuit Court of Cook County, Ill.: Favorably resolved product liability and breach of warranty class action brought by Hyatt against client Rose Acre Farms alleging that salmonella in eggs supplied by Rose Acre caused 2,000 people to become ill during a convention at a Hyatt Hotel. Hyatt settled the 2,000 claims for $11.4 million and sought contribution by Rose Acre. Judgment was entered against the client for just 20 percent of Hyatt’s damages.

Moretti v. Sunnyside Corporation, Circuit Court of Cook County, Ill.: Negotiated settlement of $315,000 on behalf of Sunnyside Corporation in product liability lawsuit. Plaintiff alleged inadequate warnings on a can of kerosene manufactured by Sunnyside after an explosion that caused severe burns to the plaintiff.

Estate of Tomlanivich, et al. v. Atlantic Richfield Company, Circuit Court of Madison County, Ill.: Negotiated global settlement for varying amounts on behalf of Atlantic Richfield Company in product liability/premises asbestos/mass tort cases alleging failure to warn petroleum refinery workers of known dangers of asbestos.

Wrongful Death

Zimmer v. Nadj, Circuit Court of Cook County, Ill.: Obtained vacation during post-trial motions of $2.5 million verdict against landlord defendants in lawsuit brought by decedent’s estate. Decedent, a 14-year-old-boy, was accidentally killed with a shotgun fired by defendants’ grandson. Grandparents had left shotgun with ammunition unlocked on the premises. Case settled for $300,000.

Commercial

All Printing Resources v. Goodyear Tire & Rubber Co., U.S. District Court, Northern District of Illinois: Achieved settlement on the courthouse steps for nuisance value of $35,000 on behalf of Goodyear in a fraud and promissory estoppel action. The plaintiff, a distributor of Goodyear’s flexographic manufactured goods, had claimed damages in excess of $3 million.

Coastal Corporation (n/k/a El Paso Corporation) v. Midwest Gas Storage, Circuit Court of Cook County, Ill.: Obtained judgment of $501,865.32 on behalf of Coastal Corporation in breach of contract action. Defendant Midwest Gas Storage was a customer of Coastal that contracted to purchase approximately $500,000 in natural gas from Coastal. Midwest was unable to recover the gas in the gas storage field and therefore failed to pay for the gas.

IGL v. Coastal Mart, Inc., Circuit Court of Will County, Ill.: Settled lawsuit on courthouse steps for nuisance amount of $50,000 on behalf of Coastal Corporation and Coastal Mart, Inc. Plaintiff alleged fraud and breach of exclusive sales agreement for supply of frozen carbonated beverages in Coastal Mart mini-stores throughout the United States, claiming millions of dollars in damages.

U.S. Army Corps of Engineers v. Tao & Associates, Contract Board of Appeals, Washington D.C.: Resolved breach of contract claim with no payment by client Tao & Associates, the architect/prime contractor of a computer building at the Scott Air Force Base in Southern Illinois. Lawsuit alleged that the roof of the building leaked and caused water damage to the base’s computer equipment.

Wahba v. IBM et al., Circuit Court of Cook County, Ill.: Successfully resolved a lawsuit against client International Business Machines claiming loss of profits and business contacts as a result of a fire allegedly caused by a faulty computer. Verdict was entered against IBM for small dollar amount on property damage claims and zero damages on the loss of profit and business contacts claims.

Employment

EEOC v. Vicorp Restaurants, Inc., U.S. District Court, Northern District of Illinois: Negotiated confidential settlement on the courthouse steps on behalf of Vicorp Restaurants in a Title VII sexual harassment lawsuit brought by the EEOC on behalf of numerous females employed by the client in Illinois.

McAndrew v. Goodyear Tire & Rubber Co., Circuit Court of Cook County, Ill.: Settled lawsuit on the courthouse steps for nuisance value of $2,500 on behalf of client Goodyear. Plaintiff alleged intentional interference with a manager’s employment contract and claimed intentional infliction of emotional distress.

Khan v. Vicorp Restaurants, Inc., U.S. District Court, Northern District of Indiana: On behalf of Vicorp Restaurants, settled employment case for confidential nominal amount after discovery revealed justified business reasons for plaintiff’s demotion. Plaintiff claimed under Title VII that he was denied promotion to position of area manager based upon his national origin.

Rude v. Vicorp Restaurants, Inc., Circuit Court of Cook County, Ill.: On behalf of Vicorp Restaurants, settled employment case for confidential nominal amount. Plaintiff was fired from general manager position at Baker’s Square restaurant due to failure to meet sanitation goals. Plaintiff claimed sexual discrimination under Title VII alleging selective enforcement of restaurant’s sanitation policy.

Williams v. Illinois Central Gulf Railroad, Circuit Court of Cook County, Ill.: Successfully resolved Federal Employee Liability Act claims against Illinois Central Gulf Railroad seeking damages in excess of $1 million for 38-year-old plaintiff who allegedly suffered permanent injuries rendering him unemployable. Verdict of $100,000 for plaintiff was less than 10 percent of amount sought.

Williams v. Fishy Things, Inc., U.S. District Court, Northern District of Illinois: Won verdict for Fishy Things in a sexual harassment lawsuit brought by founder of the company.

Central States Pension Fund v. Bud Distributing, Inc., U.S. District Court, Northern District of Illinois: Reached favorable resolution of lawsuit against client Bud Distributing alleging breach of a union contract and fraud for failure to properly fund pension fund of union employees. Case dismissed in federal court pursuant to arbitration agreement. Settled for approximately 60 percent of claimed pension fund shortfall.

Forsythe v. Wayne Snyder et al., Circuit Court of Cook County, Ill., Chancery Division: Represented Forsythe in a trade secrets violation and employment contract breach against former employees. In a Rule 23 non-published order, the Illinois Appellate Court ruled in favor of Forsythe. In its ruling, the Illinois Appellate Court ruled that the trial court erred in finding unenforceable the forum-selection clause in Forsythe’s employee confidentiality and non-compete agreements and erred in dismissing the case against the former employees based upon lack of personal jurisdiction. The Illinois Appellate Court reversed the circuit court’s judgment dismissing Forsythe’s claims against its former employees and remanded for further proceedings. The case settled for a confidential amount.

Publications

“Indiana Parent’s Negligence,” Defense Research Institute Children’s Product Liability Group, 2011.

“Indiana Jury Instructions,” Product Liability Advisory Council, 2010.

“Consumer Fraud Statutory Causes of Action,” paper submitted to Product Liability Advisory Council Conference, Fall 2004.

“Illinois Law on the Admission of Expert Testimony,” paper submitted to Product Liability Advisory Council 50 State Compilation, 2004.

“Refuting Diagnostic and Neuropsychological Testing in Toxic Tort Cases,” American Journal of Trial Advocacy, Summer 1999.

“Embedded Systems and Embedded Chips – A Hidden Dilemma,” Year 2000 Update, Williams & Montgomery, Ltd., February 1998.

“Cell Phone Radiation,” Federation of Defense and Corporate Counsel, FICC Update, July 1997.

Speeches and Presentations

“Defense of Jones Act Cases,” Zurich-American Insurance Company claims department seminar.

“Impact of the Family & Medical Leave Act on the Handling of Workers’ Compensation Claims,” Zurich Raffles/Churchill Captive Group Safety & Claims Workshop.

“Attacking the Plaintiff’s Nursing Home Malpractice Case Through Effective Discovery,” Federation of Defense & Corporate Counsel seminar.