John Duffy’s practice focuses on the defense of professionals, including attorneys, directors, officers, physicians and hospitals. In his years of practice, John has successfully represented law firms in claims alleging professional negligence, defended corporations in consumer class actions, and handled complex product liability claims involving catastrophic injuries.
Mr. Duffy has successfully tried to verdict automotive product liability, legal malpractice, and commercial matters. He has handled national class actions and briefed or argued appeals before the Seventh and Fourth Circuit Courts of Appeals, and the supreme and appellate courts of Illinois.
Professional Liability Litigation – Representative Matters.
• Successfully defended a major hospital in over 60 cases alleging a failure to monitor patient tissue samples stored in a cryogenic freezer that failed without warning.
• Represented Chicago law firm accused of recommending tax-deferred ERISA plans for wealthy clients who were later assessed tax by the IRS along with penalties and interest.
• Represented law firm accused of failing to negotiate a reasonably favorable license agreement that contained an unfavorable option to convert the license of the technology to a purchase upon the sole election of the licensee.
• Represented attorney serving as ARDC hearing board officer accused of accessing attorney-respondent’s investigation file to obtain information against him in unrelated civil litigation. Secured summary judgment.
• Represented prominent Chicago law firm against charges of malpractice arising from advice regarding the alleged wrongful negotiation of a personal guarantee for a wealthy individual. Secured dismissal with prejudice.
• Represented prosecutor against charges of ethical violations while prosecuting the underlying defendant.
• Represented prominent attorney accused of malpractice in recommending the settlement of a commercial dispute between owners of an options trading firm. Secured dismissal with prejudice based on statute of limitations.
• Represented Georgia law firm accused of copyright violations when accessing proprietary software program after license agreement with software company expired. Obtained summary judgment and successfully defended the judgment before the Seventh Circuit Court of Appeals.
• Represented surety attorney accused of malpractice when subsequent counsel took over and settled the case for $3.7 million.
• Represented prominent law firm in multi-million dollar contingency fee dispute with successor counsel.
Professional Liability – Directors and Officers
• Represented president, loan committee chairman, and board member of community bank put into receivership by the FDIC. The bank closure was featured on 60 Minutes segment.
• Represented outside directors of community bank accused of gross negligence and breaching fiduciary duties by FDIC after it took over the institution.
• Represented officers of community bank sued by their accountants for contribution when bank sued accountants for malpractice.
Class Action Defense
• Represented marketing company in consumer class action case over allegations that the company’s employee placed in the hands of a pre-arranged winner the McDonald’s game-winning Monopoly piece.
• Represented music company accused of consumer fraud for selling re-recorded versions of classic hits using cover bands or the original artists who were much older than when they originally recorded the song.
• Represented mobile phone maker accused of consumer fraud when phone experienced glitches allegedly causing increased service charges to users by network providers.