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BUSINESS AND CHANCERY LITIGATION
Actions for declaratory judgment, breach of contract, tortious interference with contract or prospective economic advantage, enforcement or defense of restrictive covenants, actions for accountings, specific performance, for or in defense of injunctive relief and actions for fraud are just a few of the areas in which the attorneys at Tucker Bower Robin & Merker can provide representation and recommendations.
CLASS ACTION DEFENSE
A variety of institutions are sued in circumstances where class certification is sought in federal and state courts. Consumer fraud and Regulation Z matters have been areas of growing activity. Our attorneys are well suited to guide you through these otherwise daunting proceedings.
COMMERCIAL AND PERSONAL LIABILITY
Our defense of liquor liability and other suits against entertainment facilities encompasses claims against sports arenas, bowling alleys, restaurants, bars and others.
Major hotel chains, real estate management firms, trucking and bus companies have engaged our services to defend claims of third party criminal and sexual assaults upon guests and passengers as well as claims of excessive use of force or malicious prosecution. Your business and public relations needs are always considered in the defense of these matters.
Automobile and premises liability personal injury claims are defended aggressively to obtain resolution promptly whether by trial, arbitration or mediation.
COMMUNITY ASSOCIATION
DIRECTORS AND OFFICERS LIABILITY
Directors, officers and boards of directors, primarily for community associations, are often named as defendants in a variety of claims ranging from shareholders’ derivative actions, to suits alleging voting improprieties, to conflicts over parking space assignments in condominium buildings. These claims, by their nature, often involve neighbors or individuals with personal relationships. Keeping this in mind, we work closely with you in working to diffuse potential personal acrimony.
CONSTRUCTION LIABILITY AND SURETY
Our attorneys have developed strategies to defeat or limit exposure in construction liability claims. We represent architects, engineers, general contractors, builders, owners and sub-contractors in construction litigation including personal injury, construction defects and surety issues. Claims range from small injuries or defects to wrongful death and multi-million dollar claims.
EMPLOYMENT LIABILITY AND MANAGEMENT CONSULTING
The Americans with Disabilities Act, retaliatory discharge, sexual harassment, and age, racial, and sexual discrimination are but a few of the complex, diverse and extensive issues facing the employer in today’s society. Our attorneys have experience in evaluating and defending these claims on behalf of employers and insurance carriers before administrative judges and civil courts.
We stress innovative, cost-efficient means of case resolution including mediation and dispositive motions as a means to obtain advantageous settlement packages that include employee resignations.
Our employment lawyers work closely with you to reduce the costs associated with employee labor claims. Investigating claims prior to litigation reduces potential exposure and expense. We pursue quick and efficient resolution of lawsuits and claims at an early stage where possible and provide strategic analysis and responses to all claims. When necessary, we litigate from discovery through trial and appeal.
HEALTHCARE LAW AND REGULATORY COMPLIANCE
The legal and regulatory requirements in the Healthcare field have grown exponentially over the years and now govern virtually every aspect of the way clinical and ancillary businesses render services and conduct their business. Our attorneys are positioned to advise physicians, dentists, physician groups, hospitals, long-term care and other health care providers on a wide variety of issues facing the health care industry, including:
- HIPAA Compliance
- Healthcare Reimbursement
- Risk Management Assessments and Recommendations
- Development of Procedures to Prevent Fraud and Abuse
- JCAHO Matters
- Regulatory Compliance
- Representation Before Local, State and Federal Regulators
- Fiduciary Duties
- Alternative Dispute Resolution
We are committed to helping businesses and health care providers navigate the state and federal regulations confronting them and assist in their business transactions. We stress communication and are innovative and flexible in our approach to client service. We never lose sight of the business context in which our advice will be implemented. We are efficient, cost effective and responsive.
INSURANCE COVERAGE
When a policyholder tenders a claim to the insurer, occasionally issues arise regarding whether the claim is covered under the policy. The answer can often vary, dependent upon choice-of-law determination, rules of contract interpretation within the insurance setting, and the applicability of relevant case law. We have broad experience in evaluating coverage and providing opinions, regarding both coverage and strategy.
We regularly provide written coverage opinions, and have extensive experience in litigating declaratory judgment matters ranging from huge environmental coverage and other “long-tail” claims to issues involving coverage for automobile accidents and matters potentially involving intentional acts.
MEDICAL MALPRACTICE AND LICENSURE
Our medical malpractice attorneys defend physicians, surgeons, nurses, allied health professionals, dentists, oral and maxillofacial surgeons, hospitals, emergency rooms, clinics and physician groups. Our experience extends to virtually every medical specialty. We have attorneys with nursing and pharmacology degrees. We have successfully defended substantial claims involving brain-damaged infants, wrongful death, catastrophic injuries, as well as complications arising from various surgeries, failures to diagnose, improper radiology interpretation and claims of overtreatment. Our attorneys have substantial trial experience in both single defendant and multi-defendant cases lasting from one week to several months.
We defend health professionals in disciplinary hearings. We frequently serve as guest lecturers to physicians, health care providers, risk managers and claims analysts in the professional liability area on a variety of topics including defensive products, deposition and trial presentation, federal privacy regulations, and case-specific defense.
PRODUCT LIABILITY AND TOXIC TORTS
Our attorneys have defended cases involving commercial, consumer, construction and medical products. Some of these products include punch presses, casting machines, conveyers and conveyer systems, elevators, cleaning products, concrete saws, cranes, aerial lifts and forklifts.
We represented manufacturers of gloves and medical products in the national latex glove litigation and breast implant cases. We represented one of the largest manufacturers of ibuprofen in the United States in a drug interaction case. Our experience includes the defense of manufacturers and distributors in cases involving pacemakers, PCA pumps, intubation tubes, exploding glass syringes, dental appliances, ventilator equipment and disconnecting catheters, among others.
We handle cases involving alleged carcinogens and a host of other toxic fibers, chemicals and drugs. We represent manufacturers of industrial paints and solvents, pesticides, silica flour and asbestos-containing products. We have represented landlords in lead poisoning claims.
We have successfully defended against “junk science” claims and have experience defeating such theories by appropriate pre-trial motions. We also have experience defending novel theories of damages, including fear of contracting AIDS and cancer and recovery for medical monitoring.
PROFESSIONAL NEGLIGENCE
Our professional negligence attorneys represent non-medical professionals such as insurance brokers and agents, real estate brokers and agents and attorneys in cases where professional negligence is alleged. We work with the professional involved, helping to establish a concentrated effort to promptly evaluate whether any negligence occurred and whether the negligence had an adverse impact in the underlying matter.
TRANSPORTATION LIABILITY
We have represented railroads, interstate and intrastate carriers, interstate and international freight forwarders, warehousemen and bailees, and insurers in a variety of litigation arising out of the various modes of transportation and storage of freight throughout our nation. We also represent over-the-road interstate and intrastate carriers in personal injury, automobile collision and cargo damage cases.
WORKERS’ COMPENSATION
Our workers’ compensation attorneys are experienced and aggressive in defending workers’ compensation and other employment and labor related claims. Our attorneys regularly practice in Cook County and all neighboring and outlying counties. We regularly try all forms of complex workers’ compensation cases including reflex sympathetic dystrophy, heart attack, stress, hearing loss, and psychological or occupational disease claims. Our attorneys have tried cases and successfully argued workers’ compensation issues before the appellate courts. We regularly present seminars on workers’ compensation and employment related issues including ADA, drug testing, AIDS and alcohol in the work place.
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