Francis A. Citera

Francis A. Citera

Francis A. Citera is co-chair of the firm's Products Liability and Mass Torts Practice Group. Frank has more than 26 years of experience defending purported class actions, toxic tort actions, and other complex litigation in both federal and state courts. He has tried many cases to verdict, including an action involving the manufacturer of a nutritionally deficient infant formula and a complex product liability, wrongful death case. Frank also has substantial experience in bankruptcy litigation, having represented debtors-in possession in a broad range of disputes, as well as lenders, landlords, and trade creditors in bankruptcy litigation matters.

Frank also counsels clients on risk management and product safety matters for both consumer and industrial products. In this capacity, he has been responsible for matters pending before various federal and state agencies and committees regulating the importation and sale of goods in the United States, including the Consumer Product Safety Commission, the National Highway Traffic Safety Administration, the United States House Energy and Commerce Committee, the State of California Department of Justice and the Illinois Attorney General's office. In connection with these efforts, Frank also has counseled clients on crisis management and crisis communications. He has written and spoken extensively on class action litigation, product safety issues and claims for medical monitoring.

Areas of Concentration

· Litigation

· Class actions

· Mass torts

· Civil practice

· Appellate

· Bankruptcy litigation

Significant Representations

· Represented Sears, Roebuck & Co. in a successful argument before the Supreme Court of Illinois. Plaintiffs sought to apply Illinois law to the issues of liability and damages in an action involving an allegedly defectively-designed riding lawn tractor. The Court reviewed the choice-of-law analysis to be applied in a tort case in Illinois, concluding that the law of Michigan, as the state where plaintiffs resided and where the injury occurred, governed the conflicting issues presented. Townsend v. Sears Roebuck & Co., 227 Ill.2d 147 (2007).

· Represents Sears, Roebuck & Co. in a series of putative class actions pending in state and federal courts. Plaintiffs allege that Sears deceptively marketed and labeled its proprietary line of Craftsman tools as "Made in USA" when, in fact, some of these tools contained significant foreign components. On December 4, 2007, the Honorable John F. Grady denied plaintiffs' motion for class certification, concluding that plaintiffs failed to establish that the prerequisites of F.R.C.P. 23 were satisfied. In re Sears, Roebuck & Co. Tools Marketing and Sales Practices Litigation (2007 U.S. Dist. Lexis 89349). In two related actions, the Appellate Court of Illinois affirmed the dismissal of two putative class actions seeking compensatory and injunctive relief with respect to the plaintiffs' purchase of various Craftsman brand tools. Baumann v. Sears Roebuck & Company, (October 3, 2008).

· National coordinating counsel for Lockheed Martin in actions alleging harmful exposure to industrial sand. In one of these actions, the Eighth Circuit U.S. Court of Appeals affirmed the entry of judgment in favor of Lockheed Martin on the grounds that the plaintiff's employer was a sophisticated user of industrial sand, to whom Lockheed Martin had no duty to warn. Bergfeld v. Martin Marietta Corp., et al., 319 F. 3d 350 (8th Cir. 2003). More recently, an Ohio court entered judgment in favor of Lockheed Martin, concluding that the sophisticated user doctrine was a viable and legitimate defense for Lockheed Martin.

· National counsel for two manufacturers in a series of class action lawsuits that have been filed against manufacturers, suppliers, vendors and lessors of wireless handheld telephones, those who provide wireless services for such devices, and two trade associations. In Farina v. Nokia, et al., pending in the United States District Court for the Eastern District of Pennsylvania, Judge Padova concluded that Congress, through its establishment of the FCC and its grant to that agency of penary jurisdiction over the technical standards for radio communications, has impliedly preempted contrary state laws regarding Radio Frequency emissions. Farina v. Nokia, et. al., 2008 U.S. Dist. Lexis 66913.

· Represented an insurer in a case of first impression before the United States Court of Appeals for the First Circuit, involving the burden on a removing defendant to establish the amount in controversy under the Class Action Fairness Act of 2005. The Court rejected plaintiffs' argument that the defendant must prove to a "legal certainty" that the amount in controversy exceeds the jurisdictional minimum, holding instead that the removing defendant must show to a "reasonable probability" that the amount in controversy exceeds $5 million. Amoche v. Guarantee Trust Life Insurance Co., 556 F.3rd 41 (1st Cir. 2009)

· Represented FPL Energy Power Marketing, Inc. in two putative class actions pending in the Northern District of Illinois. Plaintiffs allege that certain of the defendants, who are wholesale suppliers of electricity, have conspired and colluded to artificially fix electrical charges in Illinois, causing Illinois consumers to pay inflated prices for electrical service. On December 21, 2007, Judge William Hart dismissed both actions, holding that the Federal Power Act preempts state-law consumer fraud, unjust enrichment and unfair competition claims such as those asserted by plaintiffs. In so holding, Judge Hart concluded that plaintiffs' claims would require the Court to consider matters regarding the reasonableness of rates that are exclusively entrusted to the Federal Energy Regulatory Commission.

· Represented a leading international specialty retailer in a putative class action alleging exposure to excessive amounts of lead and seeking relief in the form of medical monitoring.

· Represented Husky Injection Molding Systems, Ltd., the world's largest supplier of injection molding equipment and services to the plastics industry. On October 13, 2006, the Court of Common Pleas, County of Summit, Ohio, granted Husky's motion for summary judgment in a wrongful death action. In so holding, the Court agreed with Husky's argument that it adequately warned of the risks associated with the operation of a plastic injection molding press manufactured by Husky.

· Represented Mestek, Inc. in connection with the Chapter 11 case of its wholly owned subsidiary, Met-Coil Systems Corporation, Inc., a metal-forming company that manufactures advanced sheet-metal forming equipment. We resolved significant personal injury and property damage litigation relating to the alleged release of chlorinated solvents into the drinking water of a residential area. A recent law journal article described our efforts in this matter as a "new legal model for resolving mass tort claims against a company as a result of environmental contamination." The article went on to state that this model "offers significant advantages to companies and claimants in other mass tort situations in which the universe of future claims is uncertain but potentially overwhelming." Eric Green et al., Future Claimant Trusts and "Channeling Injunctions" To Resolve Mass Tort Environmental Liability in Bankruptcy: The Met-Coil Model, 22 Emory Bankr. Dev. J. 158 (2006).

· Represented the City of Chicago in UAL Corporation's bankruptcy proceedings. United Airlines, Inc. sought a declaratory judgment as to the effect in bankruptcy of a provision in its Airport Use Agreement with the City of Chicago, governing United's use of O'Hare International Airport. 346 B.R. 456 (N.D.I.L. 2006).

· Represented the Official Committee of Unsecured Creditors in action for equitable subordination and recharacterization of senior secured lender's claims. In re Radnor Holdings Corp.

· Represented Xpedior Inc. and related companies as debtors-in-possession in several adversary proceedings in the United States Bankruptcy Court for the Northern District of Illinois. After creditors were paid 100 percent of their claims, there was nearly $750,000 remaining which was donated to charity.

· Represented a leading manufacturer of audio-visual electronics in two putative class actions. In one of these actions, plaintiffs alleged that VHS videotapes prematurely fade, distort or deteriorate, although they were allegedly marketed as a better means to preserve images than 8 millimeter film. The Appellate Court of Illinois affirmed the judgment of the trial court dismissing plaintiffs' third amended complaint with prejudice. The Appellate Court made clear that subjective descriptions relating to quality are not actionable under the Illinois Consumer Fraud Act.

· Defended an offshore gaming company in a putative class action brought on behalf of individuals who wagered and lost personal property by placing wages via wire and the Internet.

· Obtained summary judgment for Nintendo of America Inc. in a putative class action in which plaintiffs alleged that they developed visually induced seizures while playing video games sold and distributed by Nintendo. Coursey v. Nintendo of America, Inc., 309 Ill. App. 3d 1069 (1st. Dist. 1999).

· Brought suit on behalf of the Aircraft Owners and Pilots Association (AOPA) and others to enjoin the City of Chicago, the Chicago Park District and the FAA from closing Meigs Field, an airport located in the City of Chicago. AOPA sought to compel the FAA to prepare an Environmental Assessment or Environmental Impact Statement regarding the closure of Meigs Field.

· Supervised the resolution of the compensatory damages portion of one of the largest product liability class action (Salmonella victims) certified in the United States.

· Represented the debtor, Robbins Resource Recovery Partners, L.P., a partnership formed to develop and operate a solid waste-to-energy facility in the Village of Robbins, Illinois.

Professional & Community Involvement

· Member, American Apparel & Footwear Association, Product Safety Council

· Chicago Bar Association

- Chair, Class Litigation Committee, 2001-2002

- Member, Nominating Committee, 2002

· Member, American Bar Association Section of Litigation, Committee on Class Actions

· Member, University of Miami School of Law Dean's Circle Committee

· Member, University of Miami School of Law Campaign Committee

· Member, Italian American Chamber of Commerce - Midwest

· Board of Editors, Silica Legal News Report, a Law Journal Newsletters publication

· Board of Editors, Class Action Law & Strategy, a Law Journal Newsletters publication

· Member, Justinian Society

· Member, Defense Research Institute

· Member, City Club of Chicago

· Participant, Principal-For-A-Day Program, City of Chicago

· Past Member, Board of Editors of the Fen-Phen Litigation Strategist

· President, Mid-North Association, 2001-2003

· Presidential Appointment, University of Miami Law Alumni Association Board of Directors, 2000-2001

· Chairman, Legal Division, National Basketball Association, Players Awards Dinner, 1993

Awards & Recognition

· Selected by Super Lawyers magazine, 2005-2009

· Listed, Best Lawyers in America, 2008-2010

· Listed, Legal 500 US, 2009 edition

· Ranked AV® Preeminent 5.0 out of 5

Articles, Publications, & Lectures

Articles

· Author, "Significant Impact Certain From New Product Safety Act," Lexis Nexis, September 12, 2008

· Co-Author, "Strategies for Defeating Class Certification," (unpublished) (presented at the 3rd National In-House Counsel Conference on Defending & Managing Complex Litigation in Atlanta, Georgia, March 30-31, 2006)

· Author, "EMF Litigation: The Next Asbestos?" EMF Litigation News, September 1994

· Author, "Indemnity Clauses in Supplier-Distributor Contracts," (unpublished) (presented to National Association of Chemical Distributors Region I, April 14, 2000)

· Author, "An Overview of the Restatement (Third) of Torts: Product Liability," (unpublished) (presented at Twelfth Annual Product Liability Conference at University of Wisconsin - Madison, November 7, 2000)

· Author, "Impact of Daubert on State and Federal Product Liability Actions," (unpublished) (presented at Twelfth Annual Product Liability Conference at University of Wisconsin - Madison, November 7, 2000)

· Author, "What Effect Will FDA's Failure Have on Fen-Phen Cases," Fen-Phen Litigation Strategist, June 1999

· Author, "High Court Rules on HMO Liability, Evidence, Torts," The National Law Journal, November 8, 1999

· Author, "General Product Liability Issues," Product Distribution Guide, CCH 1999

· Author, "Manufacturers' Defenses Against Strict Liability Claims," Fen-Phen Litigation Strategist, June 1998

· Author, "Class Action and Medical Monitoring Issues in the Fen-Phen Litigation - A Defense Perspective," Fen-Phen: Medical Aspects & Potential Liability, 1998

· Author, "Utilities Urged to Vigorously Defend EMF Actions," Electric Light & Power, September 1994

· Author, "Vested Seniority Rights: A Conceptual Approach," University of Miami Law Review, July 1982

· Editor, "The Year 2000 Problem - Legal Analysis and Recommendations" (unpublished)

Speeches

· Speaker, "State Legislation Review," American Apparel & Footwear Association's Moving Beyond the CPSIA Seminar, October 29, 2009

· Speaker, "Effective Product Recalls," American Apparel & Footwear Association's Product Safety/Supply Chain Compliance Seminar & Exhibition, June 11, 2009

· Speaker, "Product Recalls: A Brief Overview," American Apparel & Footwear Association, February 3, 2009

· Speaker, "Consumer Product Safety Improvement Act of 2008," BVR Legal/Mealey's Conference, December 2, 2008

· Speaker, "Dramatic Changes to the Consumer Product Safety Laws: What Are the Implications?" Practicing Law Institute, October 16, 2008

· Speaker, "Product Safety Seminar: What to Expect and What You Can Do," The American Apparel & Footwear Association, New York, July 31, 2008

· Speaker, "Product Recall Conference: Made in China and Beyond," Mealey's, December 10-11, 2007

· Speaker, "China Product Recalls: What's at Stake, What's Next, " NERA Economic Consulting Seminar, November 29, 2007

· Speaker, "Mastering Insurance Coverage Components and Factoring in Bankruptcy Issues," Resolving Mass Tort Products Liability Claims Conference, March 29, 2007

· Speaker, "Recent Trends in Medical Monitoring Claims in Medical Device and Pharmaceutical Class Action Litigation," Drug and Medical Device Litigation Conference, Chicago, June 29, 2006

· Speaker, "The Courts of Madison County," Navigant Consulting Legal Roundtable, January 2006

· Speaker, "Interpreting the Class Action Fairness Act of 2005," PricewaterhouseCoopers' General Counsel Forum, August 2005

Miscellaneous

· Quoted, "Will New Product Safety Law Be A Boon To Insurers?" National Underwriter Property & Casualty, November 13, 2008

· Quoted, "New Breed of Hardball Investors Makes Loans, Takes Control," The Wall Street Journal, December 12, 2006