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Michael Duffy is a partner whose litigation practice is focused on complex commercial litigation, including product liability litigation, patent litigation, health law-related litigation, land use litigation and municipal representation. Michael has had primary responsibility for 44 jury trials and numerous bench trials and contested motions.
Michael's experience in complex commercial litigation includes his position as national counsel for a medical device manufacturer in more than 10 years of ongoing mass tort litigation. He serves as lead trial counsel and coordinates all aspects of those cases.
Michael's appellate experience includes arguments before the Illinois Appellate and Supreme Courts, including successfully arguing the definitive corporate practice of medicine case before the Illinois Supreme Court (Berlin v. Sarah Bush Lincoln Health Center , 179 Ill. 2d 1) (1997).
Michael's municipal representation includes over 10 years' experience as a township attorney for Libertyville and Lake Villa townships, Lake County, Illinois. He has also handled contested matters involving annexations, de-annexations and zoning disputes.
Prior to joining the firm, Michael served as an assistant state’s attorney with the Lake County State’s Attorney’s Office, including positions as chief of both the Misdemeanor and Felony Divisions.
A graduate of Kenyon College in Gambier, Ohio, he received his J.D. degree from Loyola University School of Law (Chicago).
Representative Litigation Management Experience. Since 1993, Michael has represented an international medical device manufacturer as national counsel in mass tort litigation involving more than 500 cases in 39 states. In addition to his duties as lead trial counsel, he coordinates all aspects of these cases, including document production on a worldwide basis, the activities of local counsel in each jurisdiction, oversight of the budgeting and billing process, and coordination of trial strategy.
Representative Trial Experience. Rourke-Nichols v. Ansell Perry Inc. (Alameda County, California, Superior Court No. 803908-0) Michael was lead trial lawyer in the defense of a product liability case on behalf of a latex medical glove manufacturer in an eight-week jury trial in Alameda County, California. Plaintiff claimed she could no longer work as a registered nurse and was subject to a potentially fatal anaphylactic reaction at any time as a result of her latex allergy acquired from exposure to latex medical gloves. After two months on trial, a twelve person jury took less than three hours to return a verdict for the defendants and award plaintiff nothing.
Heuft Systemstechnik GmbH v. Industrial Dynamics, Inc. (CV 05-6299-GPS). Michael served as trial counsel on a team of lawyers prosecuting a patent infringement case in Federal District Court in the Central District of California. Following 10 days of testimony, a 10-member jury returned a verdict of infringement in favor of Michael’s client.
Gilberti v. Ansell Healthcare Products Inc. (Orleans Parish, New Orleans, Louisiana, Case No. 2000-9920) In a product liability case in state court in New Orleans, Louisiana, Michael’s trial team defended a latex glove manufacturer against claims brought by a nurse anesthetist that she could no longer work as a result of her severe latex allergy. After a three-week jury trial, the New Orleans jury returned a verdict on behalf of the defendants on all counts.
In the Matter of a Petition to Annex Certain Territory to the Village of Hawthorn Woods (Lake County Circuit Court, 04 MC 1) Michael represented two contract purchasers of more than 350 acres in rural Lake County Illinois in opposition to an Annexation Petition attempting to have the property annexed to the Village of Hawthorn Woods. Michael's clients filed Objections in opposition to the Annexation Petition. Following a bench trial, the Lake County Circuit Court Judge ruled in favor of the objectors and dismissed the Annexation Petition, thus clearing the way for development of the property.
People of the State of Illinois v. John Seney, (Lake County Circuit Court, 80 CF 180) Michael was the lead prosecutor of a previously convicted homicide defendant in a murder by fright case. Defendant was out of prison after serving 14 years for the murder of his spouse when he was apprehended for the armed robbery and kidnapping of an elderly Highland Park couple. In the course of that crime, the elderly male victim collapsed and died of a heart attack. A Lake County Illinois jury returned a verdict of guilty of murder in one of the few cases in which a defendant has been convicted of murder without physically causing injury to the deceased victim.
Representative Appellate Experience. Richard Berlin, M.D. v. Sarah Bush Lincoln Health Center (179 Ill.2d 1, 688 N.E.2d 106 (1997). Plaintiff, a surgeon employed by Sarah Bush Lincoln Health Center in Coles County, Illinois, challenged his employment agreement with the hospital and its restrictive covenant on the grounds that it was invalid as a violation of the longstanding doctrine in Illinois referred to as the Corporate Practice of Medicine Doctrine. In a case of first impression in the State of Illinois, Michael successfully argued to the Illinois Supreme Court on behalf of the hospital that employment agreements between hospitals and doctors were not illegal as violations of the Corporate Practice of Medicine Doctrine, thus preserving thousands of employment relationships between doctors and hospitals throughout the state.
Pro Bono Activities
Represented death row inmate in post-conviction petition. People v. Thomas, 164 Ill.2d 410 (1995)
Participant in Chicago Volunteer Legal Service program representing parties in uncontested divorce proceedings and other legal matters
Volunteer Mediator Lake County Arbitration Association
Volunteer Attorney National Immigrant Justice Center | 