MEMBERS OF FIRM
Sandor Korein (Member) born Zalaszentgrot, Hungary, May 5, 1932; admitted to bar, 1956, Missouri; 1957, Illinois. Education: Washington University (A.B., 1954; LL.B., 1956). University of Kentucky, 1975 and University of New Orleans, 1979; Damage Control, Kentucky Academy of Trial Attorneys, 1990; Learn from the Trial Experts, ABOTA-Washington University School of Law, 1991; Learn from the Trial Experts, ABOTA-Washington University School of Law, 1992. Member, Committee for Redistricting Federal Court Districts, 1976. Member: St. Clair County Bar Association (Chairman: Medical Legal Committee, 1965-1966; Ethical and Grievance Committee, 1966-1971; Courts Committee, 1971-1973); Illinois State Bar Association (Chairman, Admiralty Section, 1976-1977); The Bar Association of Metropolitan St. Louis; The Missouri Bar; The Association of Trial Lawyers of America; Illinois Trial Lawyers Association (Past President, St. Louis Southern Illinois Chapter); American Board of Trial Advocates. (Also at Belleville, Illinois Office). Practice Areas: Railroad Law; Maritime Law; General Negligence Law.Email: Sandor Korein
Stephen M. Tillery (Member) born Wood River, Illinois, March 9, 1950; admitted to bar, 1976, Illinois; 1990, Missouri. Education: Illinois College (B.A., magna cum laude, 1972); St. Louis University (J.D., magna cum laude, 1976). Phi Beta Kappa; Phi Alpha Delta. Member: Order of the Woolsack, St. Louis University Law Journal, 1975-1976. Nominee, American Association of Justice Trial Lawyer of the Year Award, 2003 and 2008. Author: "Post-Judgment Relief for Lost Wages Under Title VII of the Civil Rights Act of 1964," 20 St. Louis Univ. Law Journal 409, 1976. Co-author: "Civil Practice before Trial, Chapter VII," Illinois Institute of Continuing Legal Education, 1978, 1982, 1986, 1988; "Illinois Civil Practice 1989-1995 Supplement," Illinois Institute for Continuing Legal Education; "Illinois Personal Injury Complaints," West Publishing Company. Lecturer: "Expert Testimony," Illinois State Bar Association, 1984; "Civil Practice Evidence," Illinois Institute of Continuing Legal Education, 1984; "Update on Civil Practice," Illinois Trial Lawyers Association, 1985; "FELA, an Overview & Update," Illinois Trial Lawyers Association, 1985; "Handling and Settling Claims without Suit," Illinois Trial Lawyers Association, 1986; "Product Liability Litigation," Illinois Institute for Continuing Legal Education, 1988; Illinois Civil Trial Evidence," Illinois Institute for Continuing Legal Education, 1988; "The Medical Malpractice Case - Hospital," Illinois Trial Lawyers Association, 1988; "Civil Practice & Procedure Update," Illinois State Bar Association, 1988; "Wilson v. Clark Revisited," Illinois State Bar Association, 1989; "Soft Tissue Diagnostics and Evaluation," Missouri Association of Trial Attorneys, 1990; "Trial Evidence & Hearsay - Rebuttal Evidence," Illinois Trial Lawyers Association, 1991; "Evidentiary Rules and Trial Tactics in Mfg. Defect Cases," Illinois State Bar Association, 1992; "Blueprint for Building a Successful Case - Closing Arguments," Illinois Trial Lawyers Association, 1994; "Illinois Civil Practice Update- Protecting Litigation Rights," West Publishing Company, 1997 Edition; "Illinois Personal Injury Complaints/FAST," West Publishing Company, 1994. Law Clerk to Hon. George J. Moran, 5th District Court of Appeals of Illinois, 1976-1977. Adjunct Professor of Law, St. Louis University School of Law, 1977-1988. Co-Director, Advanced Trial Advocacy Program, St. Louis University School of Law, 1983-1988. Designated Counsel, United Transportation Union. In his career, Mr. Tillery has litigated individual and multi-party cases involving almost every area of the law, including insurance coverage, securities, antitrust, pharmaceutical, environmental contamination, tobacco, products liability, patent infringement, quitam/whistleblower, Federal Employers Liability Act, computer technology and consumer fraud. He has handled, individually or as lead counsel, hundreds of complex civil cases, with more than one hundred cases resulting in multimillion dollar verdicts or settlements. He was nominated for the American Association of Justice Trial Lawyer of the Year Award in 2003 and 2008 for his work. Mr. Tillery has been appointed lead counsel in more than 30 class action lawsuits. In March 2003, Mr. Tillery served as plaintiff's lead trial counsel in a class action that resulted in a $10.1 billion verdict. Price v. Philip Morris Inc., 2003 WL 22597608 (Ill.Cir. Mar 21, 2003), rev'd, 848 N.E.2d 1 (Ill. Dec 15, 2005), reh'g denied, 846 N.E.2d 597 (Ill. May 5, 2006), cert denied, 127 S.Ct. 685 (Nov. 27, 2006). Mr. Tillery has authored numerous articles and book chapters on trial practice. In addition, he has served as lecturer, moderator, and panel member at dozens of legal seminars relating to litigation and trial practice. Stephen Tillery is a member of the Illinois Trial Lawyers Association, where he has been one of the elected Board of Managers since 1987, and for which he has chaired and served on numerous committees. Mr. Tillery has been a long time supporter of Big Brothers Big Sisters of Southwestern Illinois and Meds and Food for Kids, a not-for-profit organization formed in St. Louis by a pediatrician who has spent years traveling to Haiti caring for sick children. In the last three years Mr. Tillery has visited Haiti twice, traveling to clinics in northern Haiti. The organization has saved literally thousands of Haitian children from almost certain death. He has been a strong financial supporter of the organization since it begun. Mr. Tillery and his wife, Katherine are graduates of Illinois College in Jacksonville, Illinois, a small, private liberal arts college of about 1,000 students. Mrs. Tillery has served on the Board of Directors of Illinois College for many years. The Tillerys have been financial supporters of that school for over twenty years. The Tillerys have gifted the Gillette House to Illinois College, donated a part of the new science center in the name of one of Mr. Tillery's past professors, and created a matching fund ($250,000) for student faculty enrichment programs. The Gillette House is on the National Historic Register as one of the homes used by the Underground Railroad. Since the Tillery's donation of the Gillette House, it has been used as a library, a classroom, and as housing for visiting professors. It sits one block from campus and is the oldest house in Jacksonville, Illinois having been built by Dr. Gillette, a famous abolitionist. Member: St. Clair County, Illinois State (Member, Civil Practice Section Council, 1981-1985; Member, Tort Law Section Council, 1988-1989) Bar Associations; The Missouri Bar; Illinois Trial Lawyers Association (Member, Amicus Curiae Committee, 1983-; Chairman, Civil Practice and Rules Committee, 1986-; Elected Board of Managers, 1987-); Missouri Association of Trial Attorneys; St. Louis Metropolitan Bar Association; The Association of Trial Lawyers of America. Reported Cases: Price v. Philip Morris Inc., 2003 WL 22597608 (Ill. Cir. Mar. 21, 2003), rev'd 848 N.E.2d 1 (Ill. 2005), reh'g denied, 846 N.E.2d 597 (Ill. 2006), cert. denied 127 S.Ct. 685 (2006). Practice Areas: Consumer Rights; ERISA/Pension Fund Litigation; Environmental Litigation; Tobacco Litigation; Appellate; Class Actions; False Claims Act; Pharmaceutical/Health Care; Products Liability; Securities Litigation; Telecommunications.Email: Stephen M. Tillery
Steven A. Katz (Member) born Belleville, Illinois, July 19, 1958; admitted to bar, 1990, Missouri, Illinois, U.S. District Court, Eastern District of Missouri and U.S. District Court, Southern District of Illinois; 1991, U.S. District Court, Central District of Illinois; 1999, U.S. District Court, Northern District of Alabama; 2000, U.S. Supreme Court; 2003, U.S. Tax Court; 2005, Michigan; U.S. Court of Appeals, Second, Fourth, Seventh, Eighth and Ninth Circuits. Education: National Louis University (B.A., with honors, 1987); Washington University School of Law (J.D., 1989). Mr. Katz has a very diverse background. He is a fully certified master mechanic. Because of this background, he had focused his earlier practice on personal injury cases related to defective machines. Mr. Katz has since expanded his expertise to the field of consumer and pension rights. Mr. Katz has extensive experience in class actions involving ERISA based pension claims which he litigates nationwide, affiliating with lawyers throughout the country. He has represented millions of people in class action litigation and has successfully negotiated and recovered millions of dollars in verdicts and settlements to classes of people when their disputes would otherwise be too small to pursue individually. Teaching Experience: Adjunct Professor of Legal Studies: Webster University, 1993-1997; National Institute for Paralegal Studies at Maryville University, 1992-1993; Northern Virginia Community College (Natural and Applied), 1985-1986; Lincoln Technical Institute, 1984. Publications: Author, Jurisdiction, Venue and Limitations 2d, Vol. 12, Mo. Prac., West Publishing 1994; Author, Missouri Local Rules of Court, (compiled) West Publishing, 1994; Co-Author, Handling the Opposing Economist a/k/a Damage Control, D.R.I. Drug and Medical Device Litigation Seminar, May 19-20, Toronto, Canada, 1994. Representative Matters Where Mr. Katz Has Been Appointed Class Counsel: Berger v. Xerox Corp. Ret. Income Guarantee Plan, 338 F.3d 755 (7th Cir. 2003). Judgment obtained on behalf of the Plaintiff Class in excess of $200 million in the Southern District of Illinois. The U.S. Court of Appeals for the Seventh Circuit affirmed the trial court's judgment. The case eventually settled, and more than 15,000 Xerox retirees shared in the $239 million settlement fund. Berkowitz v. National Westminister Bancorp Ret. Plan, 2000 WL 852451 (D. Conn. March 30, 2000). Connecticut District Court pension miscalculation case resulting in approximately $4 million to the putative class. Call v. Ameritech Mgt. Pension Plan, 475 F.3d 816 (7th Cir. 2007). Southern District of Illinois and Seventh Circuit case wherein $31 million was recovered for Plan participant retirees. City of University City v. AT & T Wireless Services, Inc., 203 S.W.3d 197 (Mo. 2006). Class case on behalf of Missouri municipalities for recovery of license taxes owed by wireless carriers. Current settlement recoveries exceed $150 million. Clevenger v. Dillards, Inc., 2007 WL 764291 (S.D. Ohio March 9, 2007). Southern District of Ohio case wherein approximately $35 million was recovered for Mercantile Stores Plan participant retirees. Cooper v. IBM Personal Pension Plan, 274 F.Supp.2d 1010 (S.D. Ill. 2003), rev'd in part on limited appeal following settlement, 457 F.3d 636 (7th Cir. 2006). Southern District of Illinois case wherein a class of IBM retirees challenged IBM's cash balance pension plan as being inherently age-discriminatory and in violation of ERISA. The trial court entered summary judgment for the Plaintiff Class on the issue of liability. The case settled, and as a result of appellate rulings, resulted in payments to the class of over $330 million. Esden v. Bank of Boston, 229 F.3d 154 (2nd Cir. 2000). Second Circuit case that clarifies how lump sum benefits must be calculated in cash balance pension plans. The case ultimately settled for $5.8 million. Graf v. ADP Pension Plan - Southern District of Illinois case that settled for $3 million. Over 5,000 former employees of ADP received monies under this settlement. Laurenzano v. Blue Cross and Blue Shield of Massachusetts, Inc. Ret. Income Trust, 134 F.Supp.2d 189 (D. Mass. 2001). Massachusetts case challenging Defendant's exclusion of cost-of-living adjustments in the calculation of retirement benefit lump sums paid to Class Members. Approximately $16 million was recovered for Blue Cross/Blue Shield Plan participants. Malloy v. Ameritech, 2000 WL 35525477 (S.D. Ill. Feb. 7, 2000). Southern District of Illinois case wherein $185 million in settlement was obtained for 17,000 former Ameritech employees whose pension benefits were miscalculated. Mangone v. First USA Bank, 206 F.R.D. 222 (S.D. Ill. 2001). Southern District of Illinois case representing 18.5 million class members involving late charges on credit card statements. $40 million settlement fund. May v. SmithKline Beecham - Illinois state court matter wherein a $20 million settlement was obtained for the class in a case involving improper laboratory testing charges. McClintock v. BOC - Southern District of Illinois case for alleged manipulation of pension benefits. Approximately $70 million was recovered for BOC former employees. Medeika v. SNET Pension Plan - District of Connecticut case wherein a $13.5 million settlement was obtained for several thousand employees of Southern New England Telephone whose pension benefits were miscalculated. Patterson v. NationsBank - Southern District of Illinois case involving a class of persons who incurred insufficient funds or overdraft charges as a result of Defendants posting withdrawals in a highest dollar amount to lowest dollar amount. Recovered $9 million settlement for the class. Rice v. National Steel - Illinois state court case alleging understated profits for purposes of the Profit Sharing Plan. $1.4 million settlement recovery. Seifert v. May Department Stores Pension Plan - pension benefits for retirees for miscalculation of lump sums. Tullock v. KMart Corp. Employee Pension Fund, 183 F.Supp.2d 1094 (S.D. Ill. 2001). Southern District of Illinois case against K-mart for miscalculating lump sum pension benefits of former employees. Case settled for $1.25 million. White v. MCI - MDL proceeding in the Southern District of Illinois that resulted in one of the largest telecom class action settlements ever, with a settlement fund of $90 million. Williams v. Rohm and Haas Pension Plan, 497 F.3d 710 (7th Cir. 2007). Southern District of Indiana case involving improperly calculated lump sum distributions. Damages currently estimated in excess of $200 million. Member: Seventh Circuit and Illinois State Bar Associations; The Association of Trial Lawyers of America; Illinois Trial Lawyers Association; Missouri Association of Trial Attorneys; Lawyers Association of St. Louis; Bar Association of Metropolitan St. Louis; The Missouri Bar. Reported Cases: Berger v. Xerox Corp. Ret. Income Guarantee Plan, 338 F.3d 755 (7th Cir. 2003); Berkowitz v. National Westminister Bancorp Ret. Plan, 2000 WL 852451 (D. Conn. March 30, 2000); Call v. Ameritech Mgt. Pension Plan, 475 F.3d 816 (7th Cir. 2007); City of University City v. AT & T Wireless Services, Inc., 203 S.W.3d 197 (Mo. 2006); Clevenger v. Dillards, Inc., 2007 WL 764291 (S.D. Ohio March 9, 2007); Cooper v. IBM Personal Pension Plan, 274 F.Supp.2d 1010 (S.D. Ill. 2003), rev'd in part on limited appeal following settlement, 457 F.3d 636 (7th Cir. 2006); Esden v. Bank of Boston, 229 F.3d 154 (2nd Cir. 2000); Laurenzano v. Blue Cross and Blue Shield of Massachusetts, Inc. Ret. Income Trust, 134 F.Supp.2d 189 (D. Mass. 2001); Malloy v. Ameritech, 2000 WL 35525477 (S.D. Ill. Feb. 7, 2000); Mangone v. First USA Bank, 206 F.R.D. 222 (S.D. Ill. 2001); Tullock v. KMart Corp. Employee Pension Fund, 183 F.Supp.2d 1094 (S.D. Ill. 2001); and Williams v. Rohm and Haas Pension Plan, 497 F.3d 710 (7th Cir. 2007). Practice Areas: Commercial Class Actions; ERISA; General Tort Law; Railroad (F.E.L.A.); Automobile Product Liability.Email: Steven A. Katz
Douglas R. Sprong (Member) born Kansas City, Missouri, May 24, 1964; admitted to bar, 1989, Missouri; 1990, Illinois and U.S. District Court, Eastern District of Missouri; 1991, U.S. District Court, Southern District of Illinois; 1992, U.S. Court of Appeals, Eighth Circuit; 1995, U.S. Court of Appeals, Seventh Circuit; 1997, U.S. Court of Appeals, Forth and Sixth Circuits; 1998, U.S. Court of Appeals, Ninth Circuit; 1999, U.S. Court of Appeals, Second Circuit; 2000, U.S. Court of Appeals, Eleventh Circuit; 2003, U.S. Supreme Court and U.S. Tax Court; 2004, U.S. District Court, District of Colorado. Education: Vanderbilt University (B.A., 1986); Wake Forest University (J.D., 1989). Author: Missouri Civil Rights Handbook, Wash. 1997, West Publishing Company. Mr. Sprong concentrates his work in various class actions, primarily in ERISA claims filed in federal courts throughout the United States including Williams v. Rohm & Haas Pension Plan, 497 F.3d 710 (7th Cir. 2007); Cooper v. The IBM Pers. Pension Plan, 2005 WL 1981501, 35 Employee Benefits Cas. 2488 (S.D. Ill. 2005); Berger v. Xerox Retirement Income Guar. Plan, 231 F.Supp.2d 804 (S.D. Ill. Sep. 30, 2002), aff'd 338 F.3d 755 (7th Cir. Aug. 1, 2003); and Esden v. Bk. of Boston, 229 F.3d 154 (2nd Cir. 2000). In the last eight years, Mr. Sprong has acted as court-appointed counsel in numerous pension fund class actions, recovering over $1 billion in judgments and settlements on behalf of retirees and employees. Representative Matters: Berger v. Xerox Retirement Income Guar. Plan, 231 F.Supp.2d 804 (S.D .Ill. Sep. 30, 2002), aff'd, 338 F.3d 755 (7th Cir. Aug. 1, 2003). Korein Tillery attorneys contested the legality of Xerox's cash balance pension plan on behalf of a class of its retirees and obtained a $255 million judgment for the class. The Seventh Circuit affirmed the trial court's judgment, holding that Xerox's cash balance plan violated ERISA by, among other things, failing to include the value of future interest credits up through a plan participant's normal retirement date in valuing the participant's lump sum pension benefit. The case eventually settled, and more than 15,000 Xerox retirees will share in the $239 million settlement fund Korein Tillery lawyers negotiated for the Class Judgment obtained on behalf of the Class. Berkowitz v. National Westminister Bancorp Ret. Plan, 2000 WL 852451 (D. Conn. March 30, 2000). Connecticut District Court pension miscalculation case resulting in approximately $4 million to the putative class. Call v. Ameritech Mgt. Pension Plan, 475 F.3d 816 (7th Cir. 2007). When a participant in a defined-benefit pension plan is given a choice between taking pension benefits as an annuity or in a lump sum, the lump sum must be so calculated as to be the actuarial equivalent of the annuity. Plaintiff brought this class action alleging that Ameritech's plan amendment, specifying two options for calculating lump-sum distribution amounts, violated the plan's own anti-cutback provision. Korein Tillery attorney Douglas R. Sprong obtained a judgment on behalf of the Plaintiff Class in excess of $31 million. The Seventh Circuit Court of Appeals affirmed the trial court's judgment on January 9, 2007. Ameritech's appeal to the United States Supreme Court was denied on June 9, 2008. City of University City v. AT & T Wireless Services, Inc., 203 S.W.3d 197 (Mo. 2006). Class case on behalf of Missouri municipalities to recover license taxes owed by wireless carriers. Current settlement recoveries exceed $150 million. Clevenger v. Dillards, Inc., 2007 WL 764291 (S.D. Ohio March 9, 2007). The Plaintiff in this case accrued substantial benefits under a benefit plan that was terminated the year her employer was sold to Dillards. Represented by Korein Tillery, she claimed the manner in which lump sum benefits were calculated under the plan and its late amendments violated ERISA. Defendants filed a third party complaint against the company that calculated the annuities and lump sum distributions. Korein Tillery attorneys defeated motions to dismiss and motions for judgment on the pleadings. Subsequently, Korein Tillery obtained a settlement of $35 million in additional benefits for the class. Cooper v. IBM Personal Pension Plan, 274 F.Supp.2d 1010 (S.D. Ill. 2003), rev'd in part on limited appeal following settlement, 457 F.3d 636 (7th Cir. 2006). Representing a class of IBM retirees, Korein Tillery challenged IBM's pension equity plan on the grounds that it violated ERISA's prohibition against age discrimination. The trial court entered summary judgment for the Plaintiff Class on the issue of liability. After obtaining class certification and summary judgment in favor of the class, Korein Tillery obtained a $324 million settlement for the class. This case, along with Berger, received an enormous amount of national media attention and is a watershed in ERISA litigation. Esden v. Bank of Boston, 229 F. 3d 154 (2d Cir. 2000). The first case to successfully challenge case balance type defined benefit plans, this matter required Korein Tillery attorneys Douglas R. Sprong and Steven A. Katz to navigate the complex parallel statutory provisions of the Internal Revenue Code, ERISA and its regulations to remedy the improper reduction of pension benefits by the defendant. This groundbreaking ERISA class action formed the basis for reinstatement of hundreds of millions of dollars in retirement benefits in matters litigated throughout the country. The Second Circuit decision has become a watershed case in ERISA law as it clarifies how retirement benefits must be calculated in cash balance pension plans. The case ultimately settled for approximately $7 million. Graf v. Automatic Data Processing, 00-694-GPM (S.D. Ill. Jun. 18, 2001). More than 5,000 former employees of ADP whose pensions were miscalculated shared in a settlement of $7 million. Laurenz ano v. Blue Cross and Blue Shield of Massachusetts, Inc. Ret. Income Trust, 134 F. Supp. 2d 189 (D. Mass. 2001). Under the benefit plan at issue in this class action, a participant's normal retirement benefit was a life annuity beginning at age sixty-five, increased every year to include a cost-of-living adjustment payment that reflected changes in the Consumer Price Index. Rather than receive a life annuity, the Plaintiff elected to receive the present value of his pension in a single, lump sum distribution. When the Plaintiff received his lump sum distribution, however, it did not include the present value of the projected cost-of-living adjustment payments. Korein Tillery attorneys Douglas R. Sprong and Steven A. Katz served as class counsel and successfully obtained class certification and pressed a motion for judgment on the written record while successfully defeating the defendant's same motion. KT recovered approximately $18 million for BCBS retirees. Malloy v. Ameritech, 2000 WL 35525477 (S.D. Ill. Feb. 7, 2000). Korein Tillery attorneys Douglas R. Sprong and Steven A. Katz challenged the mortality table used by the plan to calculate payments to those plan participants who, upon termination of employment, elected to receive their pension benefits in the form of a lump sum distribution rather than a monthly annuity benefit as violative of ERISA. Plaintiffs claimed that the plan was required by its terms to use a different mortality table than that which it in fact used. KT recovered approximately $185 million in pension benefits for 17,000 former Ameritech employees whose pension benefits were miscalculated. Class members each received an average of $8,000.00 in additional pension benefits. Mangone v. First USA Bank, 206 F.R.D. 222 (S.D. Ill. 2001). Korein Tillery represented 18.5 million class members seeking redress for improper late charges on credit card statements. Korein Tillery's efforts resulted in a $40 million settlement fund. May v. SmithKline Beecham Corp., 97-L-1230 (Ill. Cir. Ct.). Korein Tillery negotiated a $20 million settlement for the class in a case involving improper laboratory testing charges. Dunn v. BOC Group Pension Plan, 01-CV-382-DRH (S.D. Ill. Dec 11, 2003). A $69 million settlement was reached for former employees whose pension benefits were miscalculated. Medeika v. SNET Pension Plan, 97CV01123 (D. Conn. Aug. 9, 1999). A $13.5 million settlement was obtained for several thousand former Southern New England Telephone employees whose pension benefits were miscalculated. Patterson v. Nations Bk., 99-481-PER (S.D. Ill. July 29, 1999). Korein Tillery's efforts resulted in a $9 million settlement for the class in a case involving a class of persons who incurred insufficient funds or overdraft charges as a result of the defendant's misconduct. Rice v. Nat'l Steel, 98-L-98 (Ill.Cir.Ct. Jun. 30, 1999). Korein Tillery's efforts resulted in a $1.4 million settlement recovery in this class action involving underpayment of profit sharing plan bonuses. Seifert v. May Department Stores Pension Plan, 96-1029-GPM (S.D.Ill. May 3, 1999). Korein Tillery recovered approximately $28 million in pension benefits for retirees whose lump sum distributions were miscalculated. Tullock v. KMart Corp. Employee Pension Fund, 183 F.Supp.2d 1094 (S.D. Ill. 2001). Korein Tillery represented participants in K-Mart's employee retirement plan who alleged that lump sum distributions from the plan violated ERISA because they were computed using the wrong interest rate. KT successfully obtained class certification and prevailed on summary judgment with respect to the question of ERISA liability. The case settled for $1.25 million. In re MCI Non-Subscriber Tel. Rates Litig., MDL 1275 (S.D. Ill. Apr. 19, 2001). MDL proceeding in the Southern District of Illinois that resulted in one of the largest telecom class action settlements ever, with a settlement fund of $90 million. Williams v. Rohm and Haas Pension Plan, 497 F.3d 710 (7th Cir. 2007). The Plaintiff Class, represented by Korein Tillery attorney Douglas R. Sprong, alleged that the Rohm and Haas Pension Plan violated ERISA by failing to include a cost-of-living adjustment in lump sum distributions from the Plan. Following class certification, Korein Tillery obtained summary judgment in favor of the class. On August 14, 2007 the Seventh Circuit Court of Appeals affirmed the district court's order granting plaintiff's motion for summary judgment and denying the pension plan's cross-motion for summary judgment. The Seventh Circuit agreed that the pension plan violated ERISA by failing to include the value of a cost-of-living adjustment in the class members' lump sum distributions. The Court remanded the case to the district court so that class members' lump sum benefits could be recalculated to include the value of the cost-of-living-adjustment. The Plan's Petition for Writ of Certiorari to the United States Supreme Court was denied in May 2008. Additional pension benefits for the class may exceed $300 million. Reported Cases: Williams v. Rohm & Haas Pension Plan, 497 F.3d 710 (7th Cir. 2007); Cooper v. The IBM Pers. Pension Plan, 2005 WL 1981501, 35 Employee Benefits Cas. 2488 (S.D. Ill. 2005); Berger v. Xerox Retirement Income Guar. Plan, 231 F.Supp.2d 804 (S.D. Ill. Sep. 30, 2002), aff'd 338 F.3d 755 (7th Cir. Aug. 1, 2003); Esden v. Bk. of Boston, 229 F.3d 154 (2nd Cir. 2000); Berkowitz v. National Westminister Bancorp Ret. Plan, 2000 WL 852451 (D. Conn. March 30, 2000); Call v. Ameritech Mgt. Pension Plan, 475 F.3d 816 (7th Cir. 2007); City of University City v. AT & T Wireless Services, Inc., 203 S.W.3d 197 (Mo. 2006); Clevenger v. Dillards, Inc., 2007 WL 764291 (S.D. Ohio March 9, 2007); Laurenzano v. Blue Cross and Blue Shield of Massachusetts, Inc. Ret. Income Trust, 134 19 F.Supp.2d 189 (D. Mass. 2001); Malloy v. Ameritech, 2000 WL 35525477 (S.D. Ill. Feb. 7, 2000); Mangone v. First USA Bank, 206 F.R.D. 222 (S.D. Ill. 2001); and Tullock v. KMart Corp. Employee Pension Fund, 183 F.Supp.2d 1094 (S.D. Ill. 2001). Practice Areas: Commercial Litigation; ERISA/Pension Fund Litigation; Appellate Practice; Class Actions; Securities Litigation; Telecommunications.Email: Douglas R. Sprong
Christine J. Moody (Member) born Belleville, Illinois, July 13, 1965; admitted to bar, 1992, Missouri; 1993, Illinois; 1995, U.S. District Court, Southern District of Illinois. Education: University of Illinois (B.S., 1987); St. Louis University (J.D., 1992). Author: "Illinois Personal Injury Complaints", West Publishing Company, 1993. Co-Author: "Illinois Civil Practice Update- Protecting Litigation Rights," West Publishing Company, 2009 Edition. Throughout her legal career, Christine Moody has been involved in all aspects of a lawsuit. She has extensively researched legal issues in preparation of filing complex and novel lawsuits. She has worked with expert witnesses in various fields, including economics, finance, environmental hazards, telecommunications, behavioral science, ergonomics, industrial engineering, electrical engineering, hydraulics, neurology, psychology and orthopedic surgery. She has deposed hundreds of witnesses, including parties to lawsuits, fact witnesses, medical witnesses and expert witnesses, and has presented and defended motions in many courts in Illinois and Missouri. She has been involved in numerous trials ranging from claims pursuant to the Federal Employers' Liability Act to product liability claims, and has tried or co-tried several cases to verdict. Ms. Moody chairs the firm's environmental protection practice group and serves as co-managing partner. Member: The Bar Association of Metropolitan St. Louis; St. Clair County, Illinois State Bar Associations; The Missouri Bar; The Association of Trial Lawyers of America; Illinois Trial Lawyers Association. Practice Areas: Consumer Rights; Environmental Litigation; Class Actions; Securities Litigation; Telecommunications.Email: Christine J. Moody
John W. Hoffman (Member) born Belleville, Illinois, March 7, 1965; admitted to bar, 1990, Illinois; 1991, Missouri and U.S. District Court, Southern District of Illinois; U.S. Court of Appeals, Seventh Circuit. Education: Northwestern University (B.A., 1987); Washington University (J.D., 1990). John Hoffman concentrates his practice in the areas of consumer litigation, class actions and appellate practice. He has handled a number of high-profile lawsuits, and he is a frequent author and speaker on civil practice topics. Author: "Forum Non Conveniens: A Brief History and a Report on Recent Developments," ITLA Seminar, 2003; "Addressing Damages in Voir Dire," ITLA Seminar, 1999; "Exclusive Remedies & Third Party Practice," Handbook on Illinois Workers' Compensation Law & Procedure (Supp. 1998). Mr. Hoffman previously served as an I.S.B.A. Assembly Representative for the 20th Judicial Circuit. Congressional Testimony: In 2001, Mr. Hoffman was asked to testify before the Illinois House Appropriations and Government Oversight Committee concerning discriminatory and predatory insurance practices. City of University City, Missouri, et al. v. AT&T Wireless Services, Inc. (AT&T), St. Louis County Circuit Court (2007) - Mr. Hoffman represented a class of 240 Missouri municipalities suing wireless telephone companies to collect unpaid business license taxes. During the course of this litigation, the Missouri legislature passed an industry-sponsored bill (HB 209) that immunized the carriers from back-tax liability and mandated the dismissal of pending collection suits. Mr. Hoffman and Stephen M. Tillery challenged the law as unconstitutional and prevailed before the Missouri Supreme Court in City of University City v. AT&T Wireless Services, Inc., 203 S.W.3d 197 (Mo. banc 2006). In December 2007, AT&T Wireless agreed to pay $65.4 million to settle the cities' back-tax claims and to pay municipal license taxes at existing rates going forward. Mr. Hoffman served as lead class counsel. This was the second largest business settlement in Missouri in 2007 according to Missouri Lawyers Weekly. City of University City, Missouri, et al. v. AT&T Wireless Services, Inc. (Sprint-Nextel), St. Louis County Circuit Court (2007) - Reston, Va.-based Sprint-Nextel's settlement with the Missouri cities was the last cell phone tax resolution of 2007. Sprint, the third largest cellular company in the United States, agreed to pay $52 million for 27 months of back taxes to the cities and to pay all business license taxes prospectively. Mr. Hoffman served as lead class counsel. This was the third largest business settlement in Missouri in 2007 according to Missouri Lawyers Weekly. City of University City, Missouri, et al. v. AT&T Wireless Services, Inc. (Verizon), St. Louis County Circuit Court (2007) - Six years ago, a group of 240 Missouri municipalities sued Verizon Wireless and five other cell phone companies for failing to pay taxes on their local wireless operations. The companies claimed for years that they were not traditional utility companies and therefore weren't obligated to pay taxes on their phone services. In August 2007, the Circuit Court of St. Louis County granted preliminary approval of the first settlement between one of the defendants, Verizon Wireless, and the municipalities. It called for Verizon's payment of $25 million in back taxes, plus payment of municipal license taxes at existing rates going forward. Mr. Hoffman served as lead class counsel. This was the fourth largest business settlement in Missouri for 2007 according to Missouri Lawyers Weekly. In addition, the settlement was recognized as being one of the top settlements in the country for 2007 by the National Law Journal. City of University City, Missouri, et al. v. AT&T Wireless Services, Inc. (US Cellular), St. Louis County Circuit Court (2007) - US Cellular's settlement with the Missouri cities was the second cell phone tax resolution of 2007. Similar to the other settlements, US Cellular agreed to pay $6 million in back-taxes and to pay all business license taxes prospectively. Mr. Hoffman served as lead class counsel. City of Wellston, Missouri, et al. v. SBC Communications, 203 S.W.3d 189 (Mo. Banc 2006) - An outgrowth of the telephone tax litigation, Mr. Hoffman and Stephen M. Tillery prevailed in this appeal before the Missouri Supreme Court in an important decision clarifying issues of municipal standing and capacity to sue. Keith A. Shuppert, et al. v. James Blair Down, 00-L-223 (Ill.Cir.Ct. Feb. 18, 2004) - Plaintiffs contended in this litigation that a Canadian resident - through a complex network of at least 27 associated corporations and 51 business aliases and fictitious names - wrongfully induced class members to participate in "lottery pools" and "puzzle contests" between 1990 and 1998. Mr. Hoffman assumed responsibility for this trans-continental litigation in 2004 and successfully navigated the case to conclusion following the departure of lead counsel. After years of negotiations, the parties reached a settlement agreement which provided, inter alia, that Down would establish a fund in the amount of $10 million to pay refunds to class members for lottery and/or puzzle product purchases made during the class period. Wheeler v. Sears, Roebuck & Co., 99-L-529 (Ill.Cir.Ct. Apr. 17, 2003) - Sears, Roebuck & Co. offered for sale a 5-step wheel balancing service, known as "AccuBalance," at its Tire & Auto Centers between 1989 and 1994. According to Plaintiff, Sears' employees routinely failed to perform the "tire-matching" portion of this service, despite payment for same by consumers. Mr. Hoffman assumed primary responsibility for this litigation shortly after joining the firm and was instrumental in reaching a $10 million settlement on behalf of all persons in the United States who purchased the AccuBalance tire balancing service between 1989 and 1994. Rogers v. Tyson Foods, Inc., 308 F.3d 785 (7th Cir. 2002) - In this case, Mr. Hoffman prevailed before the Seventh Circuit Court of Appeals in defeating a corporate defendant's attempt to remove a state law claim to federal court. The decision resolved important issues concerning the doctrine of "complete preemption," and it is cited frequently by courts and legal commentators. Member: The Bar Association of Metropolitan St. Louis; Madison County and Illinois State Bar Associations; The Missouri Bar; Illinois Trial Lawyers Association; The Association of Trial Lawyers of America; Trial Lawyers for Public Justice. Practice Areas: Consumer Rights; Appellate; Class Actions; Pharmaceutical/Health Care; Products Liability; Securities Litigation; Telecommunications.Email: John W. Hoffman
Howard B. Becker (Member) born Clayton, Missouri, March 1, 1954; admitted to bar, 1985, Missouri; 1986, Illinois. Education: University of Missouri at Columbia (B.S.W., 1977); Washington University (M.S.W., 1979); St. Louis University (J.D., 1985). Recipient, Everett Hullverson Award for Trial Advocacy; Member, Saint Louis University Law Journal. Mr. Becker has over twenty years experience in the courtroom. He has tried jury cases for both plaintiffs and defendants and as a result, he has developed a reputation for aggressive advocacy which has resulted in success for his clients. Mr. Becker has recently been court-appointed lead or co-lead class counsel in Wilgus v. Cybersource, 02-L-995 (Ill.Cir.Ct. Aug. 30, 2004) and Sullivan v. DeBeers, A.G., 04-2819 (D.N.J. Nov. 30, 2005). Sullivan v. DB Investments, Inc., 04-2819 (D.N.J. May 22, 2008) - Beginning in 2004, several actions were filed against De Beers and its related companies alleging violations of federal antitrust law and various state antitrust and consumer protection laws on behalf of purchasers of polished diamonds. Following its strategy of denying that U.S. Courts could maintain jurisdiction over it, De Beers refused to appear in any of these cases and defaults were entered against each of the defendants. The entry of default, however, did not mean that plaintiffs litigated with no opposition. Instead, counsel faced substantial opposition from intervenors and amici. Furthermore, the entry of default did not eliminate the risk to the plaintiffs that De Beers could prevail on liability or damages. Because De Beers defaulted, plaintiffs could not obtain formal discovery from De Beers and thus Plaintiffs were denied access to the means in which to prove anti-competitive conduct, damages and causation. In addition, as the defendants are incorporated in the United Kingdom, South Africa, Luxembourg and Switzerland, enormous difficulties were believed to exist in seeking enforcement of a U.S. class action default judgment. On July 22, 2005, Korein Tillery became the first firm to obtain certification of a nationwide class of diamonds purchasers in Null v. D.B. Investments, Inc., No. 05-L-209 (Ill.Cir.Ct. July 22, 2005). On May 22, 2008, in a consolidated proceeding in which Korein Tillery served as co-lead counsel, the district court approved a nationwide settlement that created a fund of $323 million to compensate diamond purchasers and provided additional injunctive relief to the class. While this settlement is the culmination of numerous related lawsuits, Korein Tillery was instrumental in the settlement discussions that began shortly following entry of the Null certification order. John Doe v. Gateway Regional Medical Center (confidential) - In this case, a middle aged man with a wife and two children presented to the emergency room complaining of chest pains. The emergency room doctors released him and advised to follow up with his internist and urologist. The patient complied with these instructions, however seven days later he died from a massive heart attack. Suit was brought against the hospital and the internist for failing to intervene properly thereby causing the patient's death. The suit was defended aggressively but shortly before trial it was settled for seven figures. Baby Doe (confidential) v. Cardinal Glennon et al. - Baby Doe was in fetal distress, but was not delivered promptly. As a result, he was born with cerebral palsy. Mr. Becker brought the action for malpractice, taking the lead on liability issues. The case was settled shortly before trial for seven figures. Peaker v. Stokes - This was a rear-end accident case defended by Mr. Becker. Plaintiff was suffering from partial paralysis and claimed total disability. After ten days of trial, the jury returned a verdict which was one fifth of the pretrial offer made. Payton v. City of Matton - Doug Payton suffered catastrophic injuries after diving into a pond on City property. In his first plaintiff's case, Mr. Becker brought an action for damages claiming the City should have warned that the pond was too shallow for diving. The case was filed in Federal Court and shortly before trial the parties reached a confidential structured settlement. After the settlement, his client, a quadriplegic, was able to finish school, work and live independently for fifteen years prior to his death from unrelated causes. Washington v. Illinois Power Company - While climbing a tree, Jacob Washington, age 14, reached out for a limb but grabbed a utility wire. He was electrocuted in front of his mother and father. In the late 1980's, Mr. Becker filed suit for wrongful death in Madison County, Illinois. The case was settled for six figures after defendant's forum motion was briefed, argued, appealed and lost. Baby Doe v. xxx Hospital (confidential) et al. - In this case, Mr. Becker was able to prove that a hospital and attending OB/GYN were negligent and responsible for failing to timely deliver a baby experiencing hypoxia in the forty minutes before birth. This child was ultimately diagnosed with cerebral palsy. The hospital claimed to have lost the fetal monitoring strip and the doctor denied any wrongdoing. The case was settled on the eve of trial for seven figures. Mims v. Pointer et al. - Julie Mims, a single parent who made a living waitressing tables, suffered severe injuries to her head effecting her balance when a piece of furniture tipped over crashing on top of her in a St. Louis restaurant. Mr. Becker brought suit seeking medical bills and lost wages. Defendants offered nothing and the case was tried. After three days of trial the jury returned a verdict awarding plaintiff her medical bills, lost wages, future medical bills, future lost wages and amounts for past, present and future pain and suffering. Thorpe v. Wal-Mart - Rose Thorpe was preparing Sunday supper for her children and grandchildren. This was quite a production and to calm her nerves, she helped herself to an orange juice and vodka. Realizing that she needed a few more things for dinner, she went to Wal-Mart for groceries. It was raining that day but the people at Wal-Mart did not dry the floor of the store and when Rose walked into the store she slipped, fell and broke her knee. After removing the case to Federal Court, Wal-Mart refused to settle claiming the accident was entirely due to her inability to see an open and obvious danger. Mr. Becker took the case to trial and, after four days, the jury returned a six figure verdict which was three times the amount demanded before trial. Buttram v. (confidential) Motor Company - In a matter of seconds, a young healthy teenager suffered catastrophic injuries when the front axle of his car broke, causing him to roll over several times. The original lawyer hired by the family failed to retain the car making proof of liability extremely difficult. Mr. Becker was brought into the case with another trial lawyer, suit was filed and both worked the case up for three years. The case was settled before trial for a seven figure amount. Tyson v. (confidential) Trucking Company - A twelve year old girl took great risks by crossing an interstate. She was struck by a truck and suffered fractures to her face, arms, back and legs. Mr. Becker took the case after three attorneys before him had given up. Through investigation, Mr. Becker located an eyewitness who testified that the truck driver was driving erratically, as if he were falling asleep. The case was settled for a confidential six figure amount without filing suit. Williams v. American Family - American Family refused to pay its policyholders after a tornado all but destroyed their home. Mr. Becker brought this action and after a week long trial, a rural jury awarded damages, attorneys' fees and an additional amount for vexatious refusal to pay. Keys v. Rothman Furniture and Ashley Industries - Mr. Becker represented two defendants in this product liability action. Plaintiff alleged injuries to her shoulder and neck, including past surgery and future surgery. After three days of trial, the jury returned a defense verdict on behalf of both of Mr. Becker's clients. Member: Bar Association of Metropolitan St. Louis; Illinois State Bar Association; The Missouri Bar; The Association of Trial Lawyers of America; Missouri Association of Trial Attorneys. Practice Areas: Consumer Rights; Appellate; Class Actions; Pharmaceutical/Health Care; Products Liability.Email: Howard B. Becker
Peter H. Rachman (Member) born Chicago, Illinois, August 26, 1965; admitted to bar, 1992, Illinois and U.S. District Court, Northern District of Illinois; 1993, Florida; 1995, U.S. District Court, Southern and Middle Districts of Florida and U.S. Court of Appeals, Eleventh Circuit. Education: Washington University (A.B., 1986); University of Illinois (J.D., 1992). His practice focuses on complex securities litigation on behalf of institutional clients. Previously he was the principal of Peter H. Rachman, P.A. Before founding his own firm, Mr. Rachman was a partner in a New York City based law firm specializing in securities litigation. With more than 15 years of litigation experience, Mr. Rachman has first chaired a securities class action case in Delaware chancery court and has had significant involvement in several complex securities and consumer class action matters which have resulted in favorable outcomes including:
· In re OSI Sec. Litig., No. 06-CA-010348, Fla. Cir. Ct. (2007) · Werner v. Miller Technology Management, L.P., 831 A.2d 318 (Del. Ch. 2003) · In re Templeton Vietnam and Southeast Asia Fund, Inc. Sec. Litig., S.D. Fla. C.A. No. 98-6059-CIV-Hurley (2002) · AAL High Yield Bond Fund v. Ruttenberg, 2001 U.S. Dist. LEXIS 25572 (N.D. Ala., Sept. 30, 2001 · Gower v. Primavera Laboratories, Inc., Del. Ch. C.A. No. 14387 (2001) · In re Great Southern Life Ins. Litig., 192 F.R.D. 212 (N.D. Tex. 2000) · In re Sunbeam Sec. Litig., 89 F. Supp. 2d 1326, 1340-41 (S.D. Fla. 1999)
Before attending law school Mr. Rachman was an independent floor trader at the Chicago Board of Trade. Mr. Rachman is admitted to practice in the states of Florida and Illinois and various federal courts across the country. Reported Cases: Werner v. Miller Technology Management, L.P., 831 A.2d 318 (Del. 2003); AAL High Yield Bond Fund v. Ruttenberg, 2001 U.S. Dist. LEXIS 25572 (N.D. Ala., Sept. 30, 2001); In re Great Southern Life Ins. Litig., 192 F.R.D. 212 (N.D. Tex. 2000); In re Sunbeam Sec. Litig., 89 F.Supp.2d 1326, 1340-41 (S.D. Fla. 1999). Practice Areas: Civil Litigation.
ASSOCIATES
Diane Moore Heitman (Associate) born St. Louis, Missouri, April 24, 1971; admitted to bar, 1998, Missouri; 2000, Illinois; 2001, California. Education: St. Louis University (B.A., magna cum laude, 1993; J.D., cum laude, 1998). Order of the Woolsack. Recipient, Dean's Scholarship for Academic Performance, 1993-1998. Staff Editor, St. Louis-Warsaw Transatlantic Law Journal, 1996-1997. Law Clerk, Honorable Lawrence E. Mooney, Missouri Court of Appeals Eastern District, 1998-2000. Ms. Heitman focuses her practice on class action litigation, primarily in the areas of ERISA pension and profit sharing law and the federal "junk fax" law. Ms. Heitman was appointed class counsel in three junk fax class actions that collectively resulted in settlements worth $24.5 million - Gans v. Seventeen Motors, Inc. (St. Clair County, Illinois), Gans v. Leiserv, Inc. (St. Louis County, Missouri) and Fun Services v. AMF Bowling (Jackson County, Missouri). She acts as class counsel in Brentwood Travel v. DCT Enterprises (St. Louis County, Missouri) and Karen S. Little, LLC v. Brinker Missouri, Inc. (St. Louis County, Missouri) - two pending junk fax class actions that are in the process of settling. Ms. Heitman is co-counsel for the plaintiff in Caufield v. Colgate-Palmolive Company Employees' Retirement Income Plan (U.S. District Court for the Southern District of Indiana) and Fry v. Exelon Corporation Cash Balance Pension Fund (U.S. District Court for Northern District of Illinois) - two putative ERISA "whipsaw" class actions challenging the methodology by which cash balance pension plans calculate the lump sum pension distributions of their participants. She is also co-counsel for the plaintiff in Boeckman v. A.G. Edwards, Inc. (U.S. District Court for Southern District of Illinois), a putative class action alleging that defendant breached its fiduciary duties to 401(k) plan participants under ERISA by failing to consider lower cost investment options for its plan platform. Member: The Bar Association of Metropolitan St. Louis; Illinois State Bar Association; The Missouri Bar; Women's Lawyer Association of St. Louis. Practice Areas: ERISA/Pension Fund Litigation; Appellate; Class Actions; Securities Litigation.Email: Diane Moore Heitman
Christie Deaton (Associate) born Newport, Arkansas; admitted to bar, 2001, Missouri; 2002, Illinois; U.S. District Court, Southern District of Illinois. Education: University of Arkansas (B.A., 1998); University of Missouri at Columbia, School of Law (J.D., 2001) Phi Alpha Delta. Following her admission to practice law, Ms. Deaton was heavily involved in the investigation, filing, and prosecution of Mercurio, et al. v. Alcoa Inc., et al., 02-L-1647, a toxic tort case concerning the lead contamination of a small Illinois town. Since that time, Ms. Deaton was significantly involved in investigations and mediations that lead to settlements with two of the three defendants and with the ongoing litigation against the third defendant. Ms. Deaton has experience representing plaintiffs in individual and class actions. She has represented clients in consumer fraud and environmental contamination cases. Ms. Deaton has had significant involvement in the briefing and presentation of class certification in Harris v. Roto-Rooter, 00-L-525. Ms. Deaton has also had significant involvement in the briefing and argument in opposition to dispositive motions in such cases as Village of East Alton v. Premcor Refining Group, Inc., 01-L-1171, Harris v. Roto-Rooter, 00-L-525, Wagner v. Lowe's Home Centers, 02-L-690, Holiday Shores Sanitary District v. Syngenta Crop Protection, et al., 04-L-710, Holiday Shores Sanitary District v. Sipcam Agro, et al., 04-L-708, Holiday Shores Sanitary District v. Dow AgroSciences LLC, et al., 04-L-713, Holiday Shores Sanitary District v. United Agri Products, et al., 04-L-711, Holiday Shores Sanitary District v. Makhteshim-Agan, et al., 04-L-712, Holiday Shores Sanitary District v. Drexek Chemical, et al., 04-L-709, and Pioneer Southern, et al. v. Dow AgroSciences, LLC, 02-L-795. Ms. Deaton is a member of KT's Environmental Litigation group. In that capacity Ms. Deaton has had responsibility for a number of toxic torts matters including: Mercurio, et al. v. Alcoa Inc., et al., 02-L-1647 - In 2001, the Illinois EPA began an investigation into possible chemical contamination in the residential areas of Rosiclare, Illinois as a result of fluorspar mining and milling activities. Lead was found throughout Rosiclare in the surface soil at levels that far exceeded IEPA remediation levels. Subsequent investigations found lead in the surface soil as high as 25 times the IEPA remediation level and more than 250 times background levels. Korein Tillery has filed suit representing more than 300 of Rosiclare's current and former residents and home owners, seeking compensation for medical monitoring and property damage. Korein Tillery has reached confidential settlements for its clients with two of the three defendants. Atrazine Cases (e.g., Holiday Shores Sanitary District v. Syngenta Crop Protection, et al., 04-L-710) - Korein Tillery represents Holiday Shores Sanitary District as a class representative of all other Illinois water providers that have measurable Atrazine levels. Korein Tillery has filed cases against Syngenta and each of the other five manufacturers of Atrazine. The cases seek damages including a remediation plan for the providers' water supplies as well as proper filtration systems that will protect the public from the dangers of this chemical. In a sweeping decision, the Third Judicial Circuit Court of Illinois ruled against the defendants in their joint motions to dismiss, allowing the cases to proceed even if the plaintiff's and class members' Atrazine levels are below the maximum containment level set by the EPA. Member: The Missouri Bar; Illinois State Bar Association. (Also at Belleville, Illinois Office). Practice Areas: Consumer Rights; Environmental Litigation; Class Actions.Email: Christie Deaton
Aaron M. Zigler (Associate) born 1973; admitted to bar, 2001, Missouri; 2002, Illinois and U.S. District Court, Southern District of Illinois. Education: Columbia College (B.A., History, 1998); St. Louis University (J.D., 2001). Immediately following his admission to practice, Mr. Zigler was heavily involved in the briefing and presentation of the firm's successful class certification motions in Turner v. R.J. Reynolds Tobacco Co., 00-L-113 (Ill.Cir.Ct. Nov. 14, 2001), and Howard v. Brown & Williamson Tobacco Co., 00-L-136 (Ill.Cir.Ct. Dec. 18, 2001). Since that time Mr. Zigler has had significant involvement in the briefing and presentation of class certification in Prather v. Pfizer Inc., 02-L-480 (Ill.Cir.Ct. Mar. 2, 2004); Barbara's Sales Inc., v. Intel Corp., 02-L-788 (Ill.Cir.Ct. July 12, 2004); and Parker v. Sears, Roebuck & Co., Case No.: 04-L-716 (Ill.Cir.Ct. Feb. 7, 2007). Mr. Zigler has also had significant involvement in the briefing and argument in opposition to dispositive motions in such cases as Hoormann v. SmithKline Beecham Corp., (Ill.Cir.Ct. Mar. 31, 2005); SimmonsCooper LLC v. Arthur J. Gallagher & Co., 04-L-1194 (Ill.Cir.Ct., Aug. 18, 2005); Barbara's Sales Inc. v. Intel Corp., 02-L-788 (Ill.Cir.Ct., Sept. 3, 2003); and Martin v. Bayer Corp., 04-L-768 (Ill.Cir.Ct., May 23, 2006). Mr. Zigler has also had responsibility for a number of significant briefs and arguments in federal courts including: Sumner v. Merck & Co., Inc., No. 04-864-MJR (S.D.Ill. 2005); Lott v. Pfizer, Inc., No. 05-230-MJR (S.D.Ill. May 26, 2005); Pfizer Inc. v. Lott, 417 F.3d 725 (7th Cir. 2005); Lott v. Pfizer Inc., 492 F.3d 789 (7th Cir. 2007); SimmonsCooper LLC, v. Arthur J. Gallagher & Co., 04-928-GPM (S.D.Ill. March 8, 2005) and Graham v. Shell Oil Co., 2006 WL 1004725 (S.D.N.Y. Apr 17, 2006). Mr. Zigler is a member of KT's pharmaceutical litigation group. In that capacity Mr. Zigler has had responsibility for a number of pharmaceutical matters including: Prather v. Pfizer Inc., 02-L-480 (Ill.Cir.Ct. Dec. 2, 2004): Following the withdrawal of the anti-diabetes drug Rezulin® from the market, Korein Tillery filed suit against Pfizer and Warner-Lambert, alleging that the defendants engaged in unfair business conduct relating to their pricing of Rezulin®. The success of this theory changed the landscape of pharmaceutical litigation. The resulting settlement, finalized 2005, established a fund of $60 million, representing an 85% recovery for claimants and a $20 million cy pres award benefiting diabetes research. Prather v. Pfizer Inc., 02-L-480 (Ill.Cir.Ct. Dec. 2, 2004). Hoormann v. SmithKline Beecham, 04-L-715 (Ill.Cir.Ct. May 17, 2007): In July 2004, Korein Tillery sued SmithKline Beecham on behalf of a nationwide class of purchasers alleging that GlaxoSmithKline promoted Paxil® and Paxil CRTM for prescription to children and adolescents despite having actual knowledge that these drugs exposed children and adolescents to dangerous side effects while failing to treat their symptoms. Following three years of litigation, Korein Tillery obtained a settlement that established a $63.8 million fund to reimburse class members 100% of their out-of-pocket expenses. Hoormann v. SmithKline Beecham, 04-L-715 (Ill.Cir.Ct. May 17, 2007). The New York Attorney General's office settled their lawsuit concerning the same conduct for a $2.5 million fine. Mr. Zigler's work on this case was featured in The American Lawyer, Aruna Viswanatha, King & Spalding Lawyer Stirs State Judge's Ire, [29] 1 Am.Law., Jan. 2007, at 50, and mentioned in the National Law Journal. The Plaintiffs' Hot List, 30 Nat'l L.J. S8 (Nov. 22, 2007). Other representative matters include: Parker v. Sears, Roebuck & Co., Case No.: 04-L-716 (Ill.Cir.Ct. Jan. 16, 2008). Korein Tillery acted as lead counsel in this case against Sears involving allegations that Sears sold and set-up gas and electric ranges throughout the United States without installing anti-tip safety devices, which prevent ranges from tipping over and severely burning or injuring unsuspecting consumers. In January, 2008 the Court granted final approval of a settlement which provides complete relief by requiring Sears to install anti-tip brackets for the class as well as requiring the installation of such brackets in the future. The settlement is valued at more than $544,500,000. Barbara's Sales, Inc. v. Intel Corp., 367 Ill.App.3d 1013 (5th Dist. Jul. 25, 2006). In this matter Korein Tillery sought to represent a class of consumers who purchased personal computers containing Pentium 4 processors, alleging that the defendants engaged in consumer fraud by concealing from the purchasers that the Pentium 4 was not any faster or otherwise superior to the Pentium III available at the time. Plaintiffs asked that a class be certified including all purchasers of Pentium 4 computers within the United States and applying California law to the defendants' conduct on the ground that the defendants' wrongful conduct occurred in that state. After the trial court certified a class action restricting the class to Illinois purchasers and applying Illinois law, the plaintiffs appealed. The appellate court reversed, agreeing with Korein Tillery that a nationwide class was appropriate and that California law should apply to all purchases. (Also at Belleville, Illinois Office). Reported Cases: Pfizer Inc. v. Lott, 417 F.3d 725 (7th Cir. 2005); Lott v. Pfizer Inc., 492 F.3d 789 (7th Cir. 2007); Barbara's Sales, Inc. v. Intel Corp., 367 Ill.App.3d 1013 (5th Dist. Jul. 25, 2006). Practice Areas: Consumer Rights; Appellate; Class Actions; Pharmaceutical/Health Care.Email: Aaron M. Zigler
Christopher A. Hoffman (Associate) born Oshkosh, Wisconsin, August 14, 1960; admitted to bar, 2000, Missouri; 2002, Illinois. Education: Northern Illinois University (B.A., cum laude, 1983); Washington University (M.A., 1987; Ph.D., 1994); St. Louis University (J.D., cum laude, 2000). Adjunct Assistant Professor, Philosophy, University of Missouri-St. Louis. Chris received his Ph.D. in philosophy from Washington University in St. Louis in 1994. He then moved to Washington, D.C. to teach and work on Capitol Hill. He then moved back to St. Louis to pursue his J.D. at St. Louis University. Following graduation in 2000, he clerked two years at the Missouri Court of Appeals with the Hon. James R. Dowd. Prior to joining Korein Tillery, Chris worked in the St. Louis offices of Sandberg Phoenix & von Gontard and then Bryan Cave, where he specialized in products liability, complex insurance litigation, class actions and appellate practice. Since joining Korein Tillery in the beginning of 2008, he has worked on several consumer protection, pension-related and securities class actions, as well as individual, large investor securities claims arising out of the collapse of Bear Stearns and Countrywide. He is a proud member of the American Civil Liberties Union and Americans United for Separation of Church and State. Publications: Cross-Examining the Plaintiff, Missouri Products Liability Handbook (2004); The Future of School Vouchers for Religious Academies After Jackson v. Benson, 43 St. Louis University Law Journal 1083 (1999); Ethical Issues in the Use of Zidovudine to Reduce Vertical Transmission of HIV, 332 New England Journal of Medicine 891 (1995); Intervention and Reflection: Basic Issues in Medical Ethics, by Ronald Munson, with Christopher A. Hoffman (5th ed. 1995); J. S. Mill's Utilitarianism, (dissertation) (1994); and Desires and the Desirable, 25 The Philosophical Forum 19 (1993). He is a strong supporter of the St. Louis PBS and NPR affiliates, and Forest Park Forever. He attended Washington University on full Academic Scholarships and Fellowships. While in law school, he received academic awards in Legal Research and Writing, Trial Advocacy, and Employment Law; he was Deputy Managing Editor, Saint Louis University Law Journal; he received a Faculty Research Fellowship; and he served as an intern to the Hon. Paul J. Simon in the Missouri Court of Appeals. Member: Metropolitan St. Louis, Illinois State and American Bar Associations; The Missouri Bar. Practice Areas: Class Actions; Consumer Rights; ERISA/Pension Fund Litigation; Appellate Practice; Products Liability; Securities Litigation.Email: Christopher A. Hoffman
Aidan McNamara (Associate) born 1974; admitted to bar, 2005, Missouri. Education: University of the West of England, U.K. (J.D., 2002). Mr. McNamara received his law degree from The University of the West of England, UK, in 2002, and continued his studies with a post graduate diploma in legal practice, with a concentration in Corporate Finance. He is a member of the Law Society of the United Kingdom. After moving to St. Louis, Mr. McNamara joined Grand Center, Inc., a St. Louis not-for-profit, whose mission is to promote development and investment in the Grand Center Art District of mid town St. Louis. Here, he focused on public and municipal finance, researching and applying tax credits for redevelopment and community improvement projects. Prior to joining Korein Tillery, Mr. McNamara was employed, of counsel, with Carey & Danis, LLC, working mainly in pharmaceutical product liability involving Fibromyalgia and Primary Pulmonary Hypertension. Mr. McNamara has been involved in complex discovery issues, the taking and defending of depositions and has extensive experience with litigation matters arising from the proliferation in electronically stored information.
OF COUNSEL
Robert L. King (Of Counsel) born Kansas City, Missouri, October 30, 1963; admitted to bar, 1989, Missouri and U.S. District Court, Western District of Missouri; 1991, U.S. Court of Appeals, Eighth Circuit; 1992, Illinois and U.S. District Court, Eastern District of Missouri; 1993, U.S. District Court, Southern District of Illinois; 1994, U.S. Court of Appeals, Seventh Circuit; 1995, U.S. Supreme Court; 1997, U.S. Court of Appeals, Fifth Circuit and U.S. Court of International Trade; 1998, U.S. Court of Appeals, Federal Circuit. Education: William Jewell College (A.B., with honors in History, 1986); Washington University (J.D., 1989). Member, Order of the Coif. Law Clerk to Hon. Elmo B. Hunter, U.S. District Court, Western District of Missouri, 1989-1991. Associate Editor, Washington University Law Quarterly, 1988-1989. Author: "The International Silver Platter and the 'Shocks of Conscience' Test: U.S. Law Enforcement Overseas," 67 Washington University Law Quarterly 489; "The Modern Industrial Revolution: Transgeric Animals and the Patent Law," 67 Washington University Law Quarterly 653. Mr. King has devoted his career exclusively to litigation over the past fifteen years, practicing in a variety of substantive areas of law while at Korein Tillery, including class actions, products liability, contracts, general business litigation, catastrophic personal injury and medical malpractice. Mr. King has litigated on behalf of clients in state and federal courts at both the trial and appellate levels, including the Supreme Courts of Illinois and Florida and the U.S. Supreme Court. Mr. King participated in of the presidential election cases in Florida, Taylor v. Martin County, in December 2000. Member: The Bar Association of Metropolitan St. Louis; St. Clair County, Illinois State and American Bar Associations; The Missouri Bar; The Association of Trial Lawyers of America; Illinois Trial Lawyers Association; Missouri Association of Trial Attorneys. Practice Areas: Consumer Rights; ERISA/Pension Fund Litigation; Tobacco Litigation; Appellate; Class Actions; False Claims Act Litigation; Securities Litigation; Telecommunications.Email: Robert L. King
Katherine J. Tillery (Of Counsel) born Hot Springs, South Dakota, August 22, 1952; admitted to bar, 1977, Illinois; 1979, U.S. District Court, Southern District of Illinois; 1991, Missouri. Education: Illinois College (B.A., summa cum laude, 1974); St. Louis University (J.D., cum laude, 1977). Phi Beta Kappa; Alpha Sigma Nu. Member, Order of the Woolsack. Law Clerk to Hon. George J. Moran, Fifth District Court of Appeals, Illinois, 1977-1979. Member: St. Clair County, Illinois State Bar Associations; The Missouri Bar. Languages: French. Practice Areas: General Civil Practice.
All of the firm's attorneys are licensed in Illinois and/or Missouri; additionally, the firm has attorneys licensed in California, Indiana, Michigan, Minnesota, and Florida.