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OVERVIEW

Bradley B. Falkof
Of Counsel (Retired)

Chicago

One North Wacker Drive
Suite 4400
Chicago, IL 60606-2833

P 312-214-8304

F 312-759-5646

OVERVIEW

Bradley B. Falkof
Of Counsel (Retired)

Chicago

One North Wacker Drive
Suite 4400
Chicago, IL 60606-2833

P 312-214-8304

F 312-759-5646

Bradley B. Falkof is retired of counsel in Barnes & Thornburg's Chicago office and a member of the firm's Litigation Department.

OVERVIEW

Bradley B. Falkof Of Counsel (Retired)

Chicago

One North Wacker Drive
Suite 4400
Chicago, IL 60606-2833

P : 312-214-8304

Bradley B. Falkof is retired of counsel in Barnes & Thornburg's Chicago office and a member of the firm's Litigation Department.

Brad concentrated his practice primarily in the areas of products liability and commercial disputes. Brad also represented automobile and truck manufacturers in warranty disputes and consumer fraud claims. He served on the firm's Management and Professional Responsibility Committees. He was also the administrator of the Chicago office's Litigation Department for 10 years.

Brad represented clients in product-related litigation, including class action litigation, throughout the United States in state and federal trial and appellate courts. Such representations included manufacturers of motorcycles, automobiles, punch presses, pesticides, medical prosthetic devices, laundry room appliances, and building construction materials. He also litigated a broad range of contract and commercial disputes, including those involving construction contracts, noncompete agreements, breach of contract, claims of unfair competition, and shareholder disputes.

Brad was closely involved with client product development. He counseled manufacturers on a variety of product-related issues, including records retention and records management programs, product safety warnings, and the development of programs for product manufacturers to assist dealers and distributors in avoiding products liability lawsuits.

Throughout his career, Brad wrote articles on a variety of products liability issues, including proving defects in commercial products liability lawsuits, spoliation of evidence, the duty to warn, implementation of record retention programs, and using protective orders in products liability cases.

Brad was a member of the Commercial Litigation Committee for the Chicago Bar Association that drafted pattern jury instructions for the federal Magnuson-Moss Warranty Act, which were submitted to, and adopted by, the Illinois Supreme Court. He is a Sustaining Member of the Product Liability Advisory Council (PLAC).

Since 2013, Brad has been recognized in The Best Lawyers in America for his work in commercial litigation.

Brad is a native of Chicago. He graduated from Brown University with a B.A. in psychology in 1974. Brad received his J.D. in 1978 from Northwestern University School of Law where he was editor of the Journal of Criminal Law and Criminology. He has been admitted to practice before all Illinois state and federal courts and the U.S. Courts of Appeals for the 3rd and 7th Circuits. Since 2006, Brad has been an adjunct professor of law at Northwestern University School of Law, where he teaches trial advocacy.

EXPERIENCE
  • Barnes & Thornburg attorneys represented a medical equipment finance company in a commercial litigation case that arose out of a deal between our client and a hospital to install highly sophisticated medical treatment equipment in its surgical facilities. The hospital breached the agreement and our client brought suit to enforce the agreement. This high stakes case settled on very favorable terms for our client with the hospital purchasing our client's interest in the contract after a year of litigation.
  • A Barnes & Thornbug attorney represented a plaintiff in an action brought to enforce the collection of two promissory notes. The court granted summary judgment to the defendant. Client appealed and the appellate court reversed. On remand we tried the cases and collected the full judgment on the two notes.
  • A Barnes & Thornburg attorney represented a global mobility management company in a case involving claims of pregnancy discrimination after a pregnant employee of our client contended that she had been denied the opportunity to return to work after taking maternity leave. The Client argued that it had a policy of only allowing leaves of absence for employees that had been working at its facilities for 1 year or more. After a bench trial, the Federal District Court found that the plaintiff had not proved intentional discrimination. The Seventh Circuit agreed, and affirmed the verdict.
  • A Barnes & Thornburg attorney represented a cable manufacturer and secured summary judgment in a wrongful death case. The plaintiff suffered burns over 90% of his body when an explosion occurred in an electric vault in which the plaintiff was working. After three months in a medically induced coma and another six months of skin grafts, painful medical treatment and over $2.5 million in medical expenses, the plaintiff died. The plaintiff alleged that the explosion occurred as a result of water intrusion caused by a defect in one of the electric cables, allegedly manufactured by our client, which ran through the vault. Through discovery, it was established that the accident was not caused by any electric cable manufactured by our client.
  • A Barnes & Thornburg attorney represented a road construction contractor for a road work project in the City of Chicago. Our client brought suit against a subcontractor that was retained to perform a portion of the work and terminated defendant's contract for substandard work. The defendant placed a mechanic's lien on the property. Our client suit sought declaratory judgment that the lien was unenforceable. The Circuit Court of Cook County found the Mechanic's Lien Statute void for vagueness, but the Illinois Supreme Court reversed. The court held that the Act was unambiguous, and therefore remanded the case for further proceedings in light of the opinion. Our client prevailed on remand.
  • A Barnes & Thornburg attorney represented a supplier of CT scanning equipment in a case filed in the Southern District of Ohio to enforce the terms of an equipment agreement for the installation and operation of a CT machine in a regional hospital. The case settled on favorable terms for our client.
  • A Barnes & Thornburg attorney represented the Plaintiff, a medical equipment manufacturer’s representative, for wrongful termination of a sales representative agreement for a sophisticated and technologically advanced medical device for managing surgical instruments in operating rooms. The case was favorably settled after an early hearing on a motion for preliminary injunction.
  • A Barnes & Thornburg attorney secured a favorable result on behalf of client, Dixie-Narco, a leading manufacturer of vending machines and subsidiary of Crane Co., in a wrongful death action filed in the U.S. District Court of the Northern District of Illinois. The Plaintiff, the estate of a service technician who was electrocuted and killed while servicing a Dixie-Narco vending machine, argued that the technician’s death would not have occurred if the vending machine had been equipped with a ground fault circuit interrupter. During discovery, the firm was able to develop facts suggesting that the technician should have known that the vending machine was plugged in while he was working on energized wires and that, even if the machine had been equipped with a ground fault interrupter, the device would not have tripped when the technician touched two wires. The firm filed a motion for summary judgment and while the motion was pending the plaintiff accepted a nominal nuisance value offer.
  • A Barnes & Thornburg attorney secured a victory for firm client, Crane Composites, a leading provider of fiber-reinforced composite materials. Crane Composites manufactured the walls of a motor home purchased by plaintiffs, who claimed that the defendants' failed to remedy defects in the walls of a motor home they purchased, resulting in property damage and personal injuries allegedly caused by water infiltration. The Appellate Court of Illinois, Fourth Judicial District affirmed the trial court's granting of summary judgment in favor of Crane Composites.
  • Barnes & Thornburg attorneys have represented Mercedes-Benz USA in over 20 cases taken to trial in Illinois, Indiana and Ohio, where plaintiffs sought compensatory and other damages for breach of warranty, state Lemon Laws and violation of the Magnuson-Moss Warranty Act. These cases were litigated through trial and post-trial appeals.
  • Barnes & Thornburg attorneys represented a manufacturer of industrial conveyor system in case involving serious injuries to plaintiff, who caught his foot in an unguarded pinch point. The Plaintiff attempted to call an expert to testify as to the dangers posed by the machine. Client moved under Daubert to exclude the testimony, and the District Court granted the motion. In light of the fact that the plaintiff could not prove his case without the expert testimony, the court also granted client's motion for summary judgment. The plaintiff appealedand the Seventh Circuit affirmed.
  • Barnes & Thornburg attorneys represented a promotional services company involved in a commercial dispute related to an alleged kickback scheme. Our client was responsible for executing the Plaintiff's "points" incentive program and the Plaintiff brought suit, alleging that our client had given kickback payments to one of Plaintiff's employees in exchange for the employee steering business toward the client's incentive program. The Plaintiff also alleged that our client had billed Plaintiff for entirely fictitious point redemptions. The case settled on very favorable terms for our client.
  • Barnes & Thornburg attorneys represented a road construction contractor in a dispute against the Village of Lombard. The circuit court found for our client after a bench trial, holding that it was entitled to payment for its work at a higher rate than claimed by the Village. The lower court did not, however, award the client prejudgment interest. The appellate court affirmed the verdict in favor of client and reversed the lower court on the issue of prejudgment interest, holding that our client was entitled to the interest. Fortech, L.L.C. v. R.W. Dunteman Co., Inc., 306 Ill. App. 3d 804, 852 N.E.2d 451 (2006).
  • Barnes & Thornburg attorneys represented an aerospace and defense products company in a case that arose out of a drunk driving accident wherein the Plaintiff, an off duty police officer, was injured by our client’s employee. The employee had become inebriated at a work party before getting into the accident, so the plaintiff brought suit against our client under a theory of respondeat superior. The Plaintiff alleged that our client was directly responsible for the employee's negligence because it had served him the alcohol at the company event. The court disagreed, and granted our client's motion for summary judgment. Following reversal on appeal, the case settled favorably for our client.
  • Represented Marathon Petroleum Company LLC (MPC) in a purported national class action, alleging violations of various States’ consumer protection statutes and unjust enrichment. The plaintiff claimed that MPC conspired with certain other major refiners to cause retail gasoline prices to be unfair and misleading. The court denied the plaintiff’s motion to certify an Illinois-only class of retail gasoline purchasers, agreeing with MPC and the other defendants, that individual questions predominated over any issues common to the class.
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