C. Barry Montgomery

Senior Counsel

C. Barry MontgomeryC. Barry Montgomery is a renowned trial lawyer and strategist. He focuses his practice on complex commercial litigation, product liability, class actions and construction litigation, as well as directors’ and officers’ liability and professional liability litigation. He is an active trial lawyer who has tried more than 150 jury trials to verdict in state and federal courts throughout the United States.

Mr. Montgomery has been recognized by his fellow lawyers and numerous publications as one of the outstanding trial lawyers in the United States. He is a Fellow of the International Academy of Trial Lawyers, a Fellow of the International Society of Barristers and a Fellow of the Litigation Counsel of America. He is “AV Preeminent” peer review rated by Martindale-Hubbell, reflecting the highest peer recognition for ethical standards and legal ability.

Mr. Montgomery has been recognized by Best Lawyers in America for bet-the-company litigation, commercial litigation, and personal injury litigation. Mr. Montgomery has served as a faculty instructor at the University of Michigan, Advocacy Institute, Ann Arbor, Mich.; National Institute for Trial Advocacy, Advanced Program, Boulder, Colo.; and, International Association of Defense Counsel Trial Academy.


Representative Matters
  • Emerald Casino Trustee v. Various Officers and Directors of Emerald Casino, Inc.: U.S. District Court, Northern District of Illinois. Successfully represented former Officer and Director found not guilty in breach of contract suit by Bankruptcy Trustee resulting in a $272 million judgment against other defendants.
  • McDavid, Inc. v. Nike USA, Inc. U.S. District Court, Northern District of Illinois. Successfully represented plaintiff McDavid in a patent infringement suit against Nike USA, Inc.
  • Prudential Plaza Associates v. Turner Construction Company Circuit Court of Cook County, Illinois. Won $9 million breach of contract and promissory fraud counterclaim for defendant Turner Construction. Plaintiff Prudential sought $3 7 million in delay and remedial damages arising out of the construction of Two Prudential Plaza. (Selected by The National Law Journal as one of the “Outstanding Defense Verdicts” in the United States).
  • Sean Mason ex. rel. United States v. Medline, Inc. and the Medline Foundation U.S. District Court, Northern District of Illinois. Obtained $85 million settlement on behalf of the U.S. government representing qui tam plaintiff after the United States declined to intervene. Lawsuit brought against Medline for its national practice of securing contracts by providing kickbacks to medical care facilities. Case settled after discovery for $85 million plus attorney’s fees.
  • Smith v. Black & Decker Circuit Court of Will County, Illinois. Obtained a defense verdict in a product liability lawsuit against Black & Decker involving a power saw manufactured by defendant. Plaintiff alleged the defective design resulted in an accident that caused serious personal injuries. Case cited by The National Law Journal as one of the “Outstanding Defense Verdicts” in the United States.
  • United States of America v. International Paper Company, et al. U.S. District Court, Southern District of Texas. Won criminal antitrust case on behalf of Weyerhaeuser officer alleging national conspiracy to fix prices in the corrugated box industry in violation of the Sherman Act. At the time, was the largest criminal antitrust suit brought by the U.S. government against a single industry.
  • Smith as Bankruptcy Plan Trustee for Estate of Boston Chicken, Inc. v. Arthur Andersen, et al. U.S. District Court, District Court of Arizona. Represented individual director and member of audit committee of Boston Chicken , Inc. in suit alleging breach of fiduciary duty claims arising out of the Boston Chicken bankruptcy. Settled while summary judgment motions were pending.
  • Central Illinois Light Co. v. Freeman United Coal Co. Arbitration, Chicago, Illinois. Won breach of contract arbitration claim on behalf of defendant Central Illinois Light Co. Plaintiff sought damages and termination in connection with a long-term coal supply agreement.
  • Lister v. Bill Kelley Athletic, Inc. Circuit Court of DuPage County, Illinois. Obtained defense verdict in a product liability lawsuit brought against helmet manufacturer Bill Kelley Athletic , Inc. involving design of a football helmet. Plaintiff alleged defective design and failure to warn after sustaining serious personal injuries when making a tackle during a high school football game. Case cited by The National Law Journal as one of the “Outstanding Defense Verdicts ” in the United States.
  • Whirlpool Corporation v. Sensata Technologies, Inc. and Texas Instruments Inc. Circuit Court of Cook County, Illinois. Represented plaintiff consumer product manufacturer Whirlpool in product liability lawsuit against Texas Instruments Inc. to recover damages caused by recall of 1.8 million refrigerators. Settled on eve of trial.

Recognitions
  • Best Lawyers in America: listed for Bet-The-Company Litigation and Commercial Litigation.
  • “Top 10 Litigators in the United States,” The National Law Journal.
  • “Top 10 Litigators in Illinois,” The National Law Journal.
  • “Top Ten Leading Commercial Litigators in Illinois,” Leading Lawyers Network.
  • “Top Ten Leading Business Lawyers in Illinois,” Leading Lawyers Network.
  • “500 Leading Lawyers in America,” Lawdragon.
  • Illinois Super Lawyers, “The Top 10”.
  • Illinois Super Lawyers, Business Litigation.
  • Martindale-Hubbell Law Directory “AV” (highest) rating.
  • International Who’s Who of Product Liability Defense Lawyers.
  • International Who’s Who of Business Lawyers.
  • Who’s Who in the World.
  • Who’s Who in American Law.
  • Who’s Who in America.
  • Who’s Who in the Midwest.
  • Profile: “Montgomery for the Defense,” Chicago Magazine.
  • Profile: “Defense Attorney: Think Like a Winner to Be a Winner,” Chicago Lawyer.
  • Profile: “Barry Montgomery: Defense Attorney Knows How to Talk to Joe the Juror,” Leading Lawyers Network Magazine/Business Edition.