| Admitted | 1968, Illinois; 1970, U.S. District Court, Central District of Illinois and U.S. District Court, Southern District of Indiana; 1981, U.S. Court of Appeals, Seventh Circuit; 1984, U.S. District Court, Northern District of Illinois, including Trial Bar; 1990, U.S. Court of Claims; 1992, U.S. District Court, Southern District of Illinois; 1993, U.S. District Court, Eastern District of Michigan; 1995, U.S. Court of Appeals, Sixth Circuit; 1996, U.S. District Court, Easter District of Wisconsin; 1997, U.S. District Court, Southern and Northern Districts of Texas and U.S. District Court, Western District of Wisconsin; 1998, U.S. Court of Appeals, Third and Eleventh Circuits; 2004, U.S. Court of Appeals, Fourth Circuit |
| Biography | Order of the Coif. Listed: Illinois' Top 100 Lawyers (Leading Lawyers Network); Illinois Super Lawyers, Plaintiffs' Personal Injury, Crain's Chicago Magazine. Speaker: Illinois Institute for Continuing Legal Education - Handling a Vehicle Crash from A - Z, Topic. Claims against Common Carners, October 2007; Illinois State Bar Association Program — How to Present and Defend a Personal Injury Case, November 1991; Illinois Trial Lawyers Association Program — Proper Parties Plaintiff and Defendant and the Correction of Errors in that Regard, February 1996; Illinois Trial Lawyers Association Program — Class Actions, February 1999. Author: (Illinois Chapter), Survey of State Class Action Law, A Report of the State Laws Subcommittee of the Class Actions and Derivative Suits Committee, American Bar Association, 1999 and subsequent editions; Illinois Causes of Action — Elements, Forms & Winning Tips: Estate, Business & Non-Personal Injury Actions, Illinois Institute for Continuing Legal Education, 2002 ed., (contributing author re: complex litigation) (with G.D. Forrester); "Respondents in Discovery and the Statute of Limitations," The Trial Journal, Illinois Trial Lawyers' Assoc., Winter 2001 (with G.D. Forrester). Practice at this consists almost exclusively of matter involving civil litigation. Approximately 90 percent of practice involves representing plaintiffs. Author: Survey of State Class Action Law, A Report of the State Laws Subcommittee of the Class Actions and Derivative Suits Committee, American Bar Association, 1999 and subsequent editions (Illinois Chapter). Areas of concentration include class actions, mass torts and personal injuries involving defective products, medical malpractice and railroad operations. Arbitrators Certified Panel, American Arbitration Association. Co-Founder and Director, Visual Information Technologies, Inc, 2005—. Chairman of the Board and Officer, Western Lion Limited, 1982-1991. Co-Founder and Director, Cable Communications, 1972-1982. Associate, Phebus & Tummelson, 1968-1971. Partner, Phebus & Koester (formerly Phebus & Winkelmann), 1971—. Alderman, City of Urbana, 1968-1971. Mayor Pro Tem, City of Urbana, 1971.
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| Reported Cases | Yager v. HCSC (BlueCross of Illinois), Circuit Court of Champaign County, Illinois; Dole v. BlueCross and Blue Shield of Oregon, Circuit Court of Douglas County, Oregon; Drexler v. Felton Bank, U.S. District Court for the Eastern District of Wisconsin; Stricklett v. Durakon Industries, Inc., et. al. Circuit Court of Champaign County, Illinois; Lewis v. Straka et. al., U.S. District Court for the Eastern District of Wisconsin; Anzivino v. Conseco Finance Corporation, Circuit Court of Waupaca County Wisconsin; In re Ford Motor Co. Speed Control Deactivation Switch Products Liability Litigation; In re Archer-Daniels-Midland Company Securities Litigation, U.S. District Court for the Central District of Illinois; In re Reciprocal of America (ROA) Sales Practice Litigation, U.S. District Court for the Western District of Tennessee; Health Care Billing; Dreamscape Design, Inc. v. Affinity Network, Inc., 414 F 3d 665 (7th Cir. 2005); Aliotta v. Amtrak and Illinois Central Railroad, 315 F 3d 756 (7th Cir. 2003); Fritcher v. Healthcare Service Corp., 301 F 3d 811 (7th Cir. 2002); Green, etc., et. al. vs. Nevers et. al., 196 F 3d 627 (6th Cir. 1999); Bank of Illinois vs. Allied Signal Safety Restraint Systems, 75 F 3d 1162 (7th Cir. 1996); Apperson v. E.l. duPont de Nemours & Co., 41 F 3d 1103 (7th Cir. 1994); Mason v. Ashland Exploration, Inc., 965 F.2d 1421 (7th Cir. 1992); Hintz v. Jamison 743 F. 2d 535 (7th Cir. 1984); Smith v. Board of Education of Urbana School District No. 116 of Champaign County, Illinois, 708 F 2d 258 (7th Cir. 1983); Bloomer Shippers Assoc. v. Illinois Central Gulf Railroad Co., 655 F 2d 772 (7th Cir. 1981); Campbell v. White, 916 F 2d 421 (7th Cir. 1990); Shannon v. Boise Cascade, 776 N.E 2d 234, 2002 Lexis 1187 (October 2, 2002); Dunn v. Baltimore & Ohio R.R., 127 III 2d 350 (1989); Dukes v. J.l Case, 118 III 2d 447 (1987); Hayen v. Ogle County, 101 III 2d 413 (1984); People ex. rel. Bernardi v. Roofing Systems, Inc., 101 III 2d 424 (1984); Pantle v. Industrial Commission, 61 III 2d 365 (1975); Templeton v. Huss, 57 III 2d 134 (1974); Winnett v. Winnett, 57 III 2d 7 (1974); Fritcher ads. Mitsubishi Motors, et. al. (citation pending); IMU, et. al. v. Amentech; Shannon v. Boise-Cascade, 328 III App 3d 621, 766 N.E. 2d 1136 (4th Dist. 2002); Oliveira v. Amoco, 311 III App 3d 886, 726 N.E. 2d 51 (4th Dist. 2000); Winn v. Mitsubishi Motor Mfg. of America, Inc., 308 III App 3d 1054, 721 N.E. 2d 819 (4th Dist. 1999); Hardimon v. Carle Clinic Association, 272 III App 3d 117, 650 N.E. 2d 281 (4th Dist. 1995); Bank of Illinois as Guardian of the Estate of Nicholas Karr, a minor, v. Alice Thweatt, Executor of the Estate of Bradley Adams, M.D., Deceased, 258 III App. 3d 349 (1994); Lai Van Le v. Bell Sports, Inc.; Schmidt v. Broeren Inc., et. al.; Ruesch v. Richland Memorial Hospital, 260 III App 3d 49 (1994); Cunningham v. Huffman, et. al., 223 III App 3d 878 (4th Dist. 1992); Brown v. E.V. Lutheran Good Samaritan Society; Daly v. Carmean, 210 III App 3d 19, 568 N.E. 2d 955 (4th Dist. 1991); Ward v. K-Mart, 185 III App 3d 154 (4th Dist. 1989); Campbell v. White, 187 III App 3d 492 (4th Dist. 1989) and 207 III App 3d 541 (4th Dist. 1991); Coffey v. Brodsky, 165 III App 3d 14 (4th Dist. 1987); Dunn v. Baltimore & Ohio R.R., 162 III App 3d 97 (4th Dist. 1987); Clay v. Brodsky, 148 III App 3d 63 (4th Dist. 1986); Coen v. Illinois Central RR Co., 180 III App 3d 614 (4th Dist. 1989); O'Connell v. Larson, 143 III App 3d 1061 (4th Dist. 1986); Dukes v. J.I. Case, 137 III App 3d 562 (4th Dist. 1985); Champaign National Bank v. Illinois Power Company, 125 III App 3d 424 (4th Dist. 1984); Western Lion Limited v. City of Mattoon, 123 III App 3d 381 (4th Dist. 1984); Kirby v. Illinois Central Gulf R.R. Co., 117 III App 3d 1070 (4th Dist. 1983); Hayen v. County of Ogle, 116 III App 3d 80 (2nd Dist. 1983); Howe v. Clark Equipment Co., 104 III App 3d 45 (4th Dist. 1982); URS Corp. v. Ash, 101 III App 3d 229 (4th Dist. 1981); Thompson v. Lietz, 95 III App 3d 384 (4th Dist. 1981); Slavick v. Michael Reese Hospitall & Medical Center, 92 III App 3d 161 (1st Dist. 1981); Anderson v. Jo Daviess County, 81 III App 3d 354 (2nd Dist. 1980); Carey Electric Contracting, Inc. v. First National Bank of Elgin, 74 III App 3d 223 (2nd Dist. 1979); Harvey v. Norfolk & Western Ry Co., 73 III App 3d 74 (4th Dist. 1979); Carman v. Dippold, 63 III App. 3d 419 (4th Dist. 1978); Johnson v. Equipment Specialist, 58 III App. 3d 133 (4th Dist. 1978); Lynch v. Devine, 45 III App. 3d 743 (3rd Dist. 1977); Finfrock v. Eaton Asphalt Co., 41 III App 3d 1020 (4th Dist. 1976); Adams v. Rosemier, 39 III App 3d 691 (4th Dist. 1976); Midwest Television, Inc. v. Champaign-Urbana Communication, Inc., 37 III App 3d 926 (4th Dist. 1976); Peoples Gas Light & Coke Co. v. Edgar County Bank & Trust, 32 III App. 3d 1005 (4th Dist. 1975); Templeton v. Huss, 9 III App 3d 828 (4th Dist. 1973); Winnett v.Winnett, 9 III App 3d 644 (4th Dist. 1973); People ex. rel. Illinois Environmental Protection Agency v. Illinois Central R.R. Co., 12 III App 3d 549 (4th Dist. 1973); Lindsey v. Dean Evans Co., 11 III App 3d 432 (4th Dist. 1973); Chambers v. Penn Central Transportation Co., 8 III App 3d 69 (4th Dist. 1972); Peoria & Eastern Ry Co. v. Kenworthy, 7 III App 3d 350 (4th Dist. 1972); Forshey v. Jonshton, 132 III App 2d 1106 (4th Dist. 1971); Lewis v. Crom Equipment Rentals, Inc., First District Court of Appeals, Florida; K.V. v. Kawasaki, U.S. District Court for the Central District of Illinois; James v. Illinois Valley Paving Co., Circuit Court of Macon County, Illinois; Wolter v. Walton, Circuit Court of Macon County, Illinois; Evans v. Carle Clinic Association, Circuit Court of Champaign County, Illinois, Childress v. Lyle D. Dehm, Nema, Inc. and Johnny Wayne Norman, Circuit Court of Champaign County, Illinois; Rapier v. Carle Foundation Hospital, Circuit Court of Champaign County, Illinois; Brown v. Dr. Trapp and Dr. Couillard, Circuit Court of Sangamon County, Illinois; Davis v. Carle Clinic Association, Circuit Court of Champaign County, Illinois; Shepard vs. Chrysler Corporation and et. al., U.S. District Court for the Central District of Illinois; Miller v. Horizon Potash Corporation, Circuit Court of Champaign County, Illinois; Moore v. Maharishi International University et. al. U.S. District Court for Central District of Iowa; Moore v. Kim Smith, U.S. District Court for Central District of Iowa; Moore v. State of Iowa, Circuit Court of Johnson County, Iowa; Ward v. American Baler, U.S. District Court for the Central District of Illinois; Frick v. Zeigler Coal Co., Circuit Court of Piatt County, Illinois; Fortino v. Carle Clinic Association, et. al., Circuit Court of Champaign County, Illinois |