C. Barry Montgomery

Senior Counsel

C. 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

Smith as Bankruptcy Plan Trustee for Estate of Boston Chicken, Inc. v. Arthur Anderson, et al, U.S. Dist. Ct. AZ. Represented individual director and member of audit committee of Boston Chicken, Inc. in suit against corporate officers and directors for breach of fiduciary duty arising out of the Boston Chicken bankruptcy. Settled.
Prudential Plaza Associates v. Turner Construction Company, Cir. Ct. Cook Co., IL. Represented defendant Turner in breach of construction contract suit seeking $48M in delay and remedial damages arising out of the construction of Two Prudential Plaza skyscraper in Chicago and counterclaim by Turner for $9M for breach of contract and promissory fraud. Won. (Selected by The National Law Journal as one of the Top Ten Outstanding Verdicts in the U.S.).
Central Illinois Light Co. v. Freeman United Coal Co. Arbitration, Chicago, IL. Represented Central Illinois Light Co. in breach of contract suit for damages and termination arising out of a long-term coal supply agreement. Won.
Trustee in Bankruptcy for Emerald Casino v. (Certain named former officers and directors of Emerald), USDC IL. Represented a former officer and director of Emerald Casino in suit by Trustee in Bankruptcy for Emerald against client for breach of his employment contract and breach of fiduciary duty which allegedly resulted in the multimillion-dollar loss by Emerald of its Illinois riverboat gambling license. Won.
Rachel Barton v. Northeast Illinois Regional Commuter Authority (METRA) and Union Pacific Railroad Co., Cir. Ct. Cook Co., IL. Represented defendants in commuter train accident in which a 20-year-old celebrity violinist was caught in door and dragged by commuter train resulting in the traumatic amputation of her legs. Lost. (Most highly publicized civil trial in Cook County history.)
Polsky v. Indeck Energy, Cir. Ct. Lake County, IL. Represented defendant in suit by former president alleging damages for breach of shareholders’ agreement, employment agreement, fiduciary duties and fraud against corporation and directors. Settled during trial.
Montgomery, et al. v. Aetna Plywood, et al., U.S. Dist. Ct., IL. Represented defendant corporation and its ESOP Trustee in class action suit by plaintiff beneficiaries of ESOP Trust against Corporation and ESOP Trustees for breach of fiduciary duties and ERISA violations. Won.
Vancom v. Zurich American Insurance Company, U.S. Dist. Ct., Las Vegas, NV. Represented defendant Zurich in suit by its insured claiming bad faith and breach of contract arising out of a $26 million excess verdict against Zurich’s insured. Settled during trial.
APCC v. AT&T, U.S. Dist. Ct., Washington, D.C. Class action suit by client APCC payphone providers alleging violation of F.C.C. orders by AT&T in failing to pay amounts due to the class plaintiffs for completed long distance telephone calls. Settled.
Doe v. Doe, Cir. Ct. Cook Co., IL. Represent defendant in civil sexual molestation case against high profile client. Won.
Cummins v. Bickel & Brewer, U.S. Dist. Ct., Chicago, IL. Represented Bickel & Brewer in attorney partnership contract dispute regarding retirement benefits. Settled.
Mathieson v. Shea, Cir. Ct. DuPage Co., IL. Represented defendant in suit for dissolution of accounting partnership under the IL Partnership Act. Won.
Smith v. Black & Decker, Cir. Ct. Will Co., IL. Represented Black & Decker in product liability suit seeking compensatory and punitive damages arising out of alleged defective design of Black & Decker power saw. Won. (Selected by The National Law Journal as one of the Outstanding Defense Verdicts in the U.S.).
Estate of Cody Quimby, minor v. Sears, Roebuck & Co., U.S. Dist. Ct., AZ. Represented defendant in product liability suit against manufacturer and retailer of above ground swimming pool alleging defective warning and design of above ground swimming pool. Plaintiff became a quadriplegic after diving into the above-ground pool. Won.
Lister v. Bill Kelley Athletic, Inc., Cir. Ct. DuPage Co., IL. Represented manufacturer Kelley Athletic, Inc. (formerly McGregor Sports) in product liability suit against football helmet manufacturer alleging defective design and failure to warn. Plaintiff became a quadriplegic when making a tackle during a high school football game. Won.
Ailey v. Northwestern Memorial Hospital, Cir. Ct. Cook Co., IL. Represented defendant hospital in medical malpractice suit for brain injury to newborn baby during forceps delivery. Won. (Selected by The National Law Journal as one of the Outstanding Defense Verdicts in the U.S.).
Estate of Antonia Renda v. Dr. Bernard Leininger, Cir. Ct. Cook Co., IL. Represented defendant doctor in medical malpractice suit. Plaintiff alleged amputation of both legs due to improper testing and diagnosis. Won.
United States of America v. International Paper Company, et al., U.S. Dist. Ct., Houston, TX. Represented Weyerhaeuser officer in criminal anti-trust suit alleging national conspiracy to fix prices in the corrugated box industry in violation of the Sherman Act. Twenty one box manufacturers were named in the suit which was at that point in time the largest criminal anti-trust suit brought by the U.S. Government against a single industry. Won.
Bleck Engineering, Inc. v. North Shore Builders, Inc. et al., Cir. Ct. Lake Co., IL. Represented defendant North Shore Builders in suit alleging breach of the Illinois Trade Secrets Act suit. Won.

Recognition and Listings

Selected by The National Law Journal Top 10 Litigators in the United States, (May 1996).
Selected by The National Law Journal Top 10 Litigators in Illinois, (November 1999).
Recognition: Trial Lawyers Excellence Lifetime Achievement Award, Jury Verdict Reporter (2019).
Recognition: Naifeh and Smith, The Best Lawyers in America, 1989 to present: Bet-the-Company Litigation and Commercial Litigation.
Profile: “Montgomery for the Defense,” Chicago Magazine (January 2003).
Profile: “Defense Attorney: Think Like a Winner to Be a Winner,” Chicago Lawyer.
Listed: Illinois Super Lawyers, Business Litigation.
Listed: Martindale-Hubbell Law Directory “AV” (highest) rating.
Listed: Directory of Litigation Attorneys, ABA Section of Litigation Prentice Hall.
Listed: International Who’s Who of Product Liability Defense Lawyers.
Listed: International Who’s Who of Business Lawyers.
Listed: Leading Lawyers Network’s.
Listed: Who’s Who in the World.
Listed: Who’s Who in American Law.
Listed: Who’s Who in the Midwest.

Publications

Editor: International Association of Defense Counsel Training Manual, 2nd Edition, 1995.
Chapter: “Defendant’s Opening Statement.” Trial Techniques, The Institute of Continuing Legal Education, Ann Arbor, Michigan, 1987.
Chapter: “Keeping Damages Fair and Reasonable.” Masters of Trial Practice, Wiley Law Publications, June 1988.
Chapter: “Direct Examination of Lay Witnesses at Trial.” International Association of Defense Counsel Training Manual, 1989, and 2nd Edition, 1995.
Chapter: “Direct Examination of Annuitists.” Product Liability Advisory Council Compensatory Damages Deskbook, 1995, and 2nd Edition, 1999.
Chapter: “Applying the Admissibility Standards to the Economist. International Association of Defense Counsel Manual, 1999.
Montgomery, C. Barry & Horstman, James K. “The Annuitist–A Key Defense Witness on the Issue of Damages.” For The Defense, July 1988.
Montgomery, C. Barry & Horstman, James K. “Using Annuity Cost Evidence on Issues of Future Damages.” Illinois Bar Journal, November 1988.
Montgomery, C. Barry & Horstman, James K. “Using Annuity Cost Evidence to Contain Awards for Future Damages.” Defense Research Institute Monograph, Volume 1993, Number 1.
Montgomery, C. Barry & Horstman, James K. “Federal Preemption: Still A Cure for Managed Care Liability Claims?” For The Defense, July 1997.
Montgomery, C. Barry & Nahrstadt, Bradley C. “How to Defend Punitive Damages Claims Effectively-and Maybe Successfully.” Defense Counsel Journal, July 1999.
Montgomery, C. Barry “Defending the Dead-Bang Loser.” American Bar Association Litigation Journal, Volume 26, Number 3, Spring 2000.
Montgomery, C. Barry & Nahrstadt, Bradley C. “A Primer for the Entertainment Community: Legal and Practical Issues About Venue Safety-What You Should Know.” The University of Virginia Journal of Sports & Entertainment Law, Spring 2004.
Montgomery, C. Barry & Nahrstadt, Bradley C. “The Most Difficult Argument: Pain and Suffering.” For The Defense, July 2004.

Professional Presentations

“Measuring Non-Economic Damages.” Illinois Institute for Continuing Legal Education Spring 2005 Seminar-Civil Damages: Developments & Trends, Chicago, Illinois, January 2005.
“A Primer for the Entertainment Community: Legal and Practical Issues About Venue Safety- What You Should Know.” The Chicago Bar Association Entertainment and Arts Committee Program, Chicago, Illinois, October 2003.
“The Most Difficult Argument: Putting a Number or Value on the Non-Economic Loss.” Defense Research Institute Damages Seminar, Las Vegas, Nevada, March 2003.
“Damages.” Kane County Bar Association Seminar, Geneva, Illinois, May 2001.
“Defendant’s Closing Statement: Bring the Jurors Back to Earth.” Illinois Institute for Continuing Legal Education, Chicago, Illinois, December 2000.
“Effective Direct and Cross-Examination.” The Chicago Bar Association Summer Boot Camp for Aspiring Litigators Seminar, Chicago, Illinois, August 1999.
“Presenting the Expert Case.” The American Bar Association Section of Litigation Committee on Products Liability Litigation & The Chicago Bar Association Regional Institute, Chicago, Illinois, May, 1999.
“Admissibility of Demonstrative Evidence.” 13th Annual Construction Superconference, San Francisco, California, December 1998.
“How To Defend Effectively a Punitive Damages Claim.” The International Association of Defense Counsel Corporate Counsel College, Dallas, Texas, November 1998.
“The Art of Minimizing Damages.” Illinois Trial Lawyers Association Trial Techniques Seminar, Chicago, Illinois, October 1998.
“Effective Direct and Cross-Examination.” The Chicago Bar Association Boot Camp for Aspiring Litigators Seminar, Chicago, Illinois, August 1998.
“Defense of Difficult Damage Issues.” Employers Reinsurance Corporation Medical Legal Seminar, Kansas City, Missouri, May 1998.
“Effective Direct and Cross-Examination.” The Chicago Bar Association Boot Camp for Aspiring Litigators Seminar, Chicago, Illinois, September 1997.
“Computer Animation in the Courtroom.” Chicago Daily Law Bulletin and Engineering Animation, Inc. Seminar, Chicago, Illinois, September 1996.
“Effective Direct and Cross-Examination.” The Chicago Bar Association Summer Boot Camp for Aspiring Litigators Seminar, Chicago, Illinois, August 1996.
“Effective Direct and Cross-Examination.” The Chicago Bar Association Seminar, Chicago, Illinois, May 1996.
“Defending the Punitive Damage Case.” General Electric Regional Counsel Meeting, Fairfield, Connecticut, April 1996.
“Montgomery on Cross Examination.” Illinois State Bar Association Masters Series on Trial Techniques Program, Chicago, Illinois, March 1996.
“Insulating the Corporation from Punitive Damages.” Defense Research Institute Seminar, Las Vegas, Nevada, March 1996.
“Hold On To Your Cap – A Look At How Damage Caps Will Affect The Defense Practice.” Illinois Association of Defense Trial Counsel Fall Conference, St. Louis, Missouri, September 1995.
“Effective Direct and Cross-Examination.” The Chicago Bar Association Summer Boot Camp For Aspiring Litigators Seminar, Chicago, Illinois, August 1995.
“Using the Experts – Issues in the 90’s.” Product Liability Advisory Council 1995 Spring Conference, McLean, Virginia, April 1995.
“Defendant’s Closing Argument.” Illinois Trial Lawyers Association Point-Counterpoint Seminar, Chicago, Illinois, October 1994.
“The ABCs of Claims Management.” 32nd Annual Risk and Insurance Management Society Conference, New Orleans, Louisiana, April 1994.
“The Runaway Verdict – Identifying its Causes and Preventing its Occurrence.” Defense Research Institute Seminar, New York, New York, March 1994.
“Famous Chicago Trials Program.” The Chicago Bar Association Famous Trial Series, Chicago, Illinois, January 1994.
“The Masters in Trial – Trial Demonstration.” The American Board of Trial Advocates, Chicago, Illinois, March 1993.
“What Should a Properly Investigated Claims File Contain?” Defense Research Institute Seminar, Chicago, Illinois, October 1992.
“Defense of Closed Head Injury Claims.” Central Claim Executives Association Fall Meeting, Chicago, Illinois, October 1992.
“Jury Selection: Defendant’s Perspective.” Illinois Trial Lawyers Association Point/Counterpoint Seminar, Chicago, Illinois, October 1992.
“The Use of Protective Orders and Confidentiality: The Defense Perspective.” Illinois State Bar Association Seminar, Lake Geneva, Wisconsin, June 1992.
“Trial: Handling the High Profile, High Exposure Case.” Defense Research Institute Seminar, Palm Springs, California, June 1992.
“How to Address Damages in the Opening Statement and Closing Argument–The Defendant’s Perspective.” Association of Defense Trial Attorneys Convention, Las Vegas, Nevada, April 1992.
“Opening Statements and Closing Arguments in Products Liability Cases.” Illinois State Bar Association Products Liability Seminar, Chicago, Illinois, April 1992.
“The Annuitist on Trial and The Final Argument on Damages.” Defense Research Institute Seminar, Las Vegas, Nevada, February 1992.
“The Deposition.” The Equipment Manufacturers Institute Product Safety Seminar, Bloomingdale, Illinois, October 1991.
“The Use of the Annuitist at Trial.” Defense Research Institute Seminar, Miami, Florida October 1991.
“Damage Control.” Reliance National Risk Specialists Claims Department Seminar, New York, New York, June 1991.
“Panel Discussion on Structured Settlements.” Settlement Planning Associates Structured Settlement Seminar, Near North Insurance Brokerage, Inc., Chicago, Illinois, June 1991.
“The Use of the Annuitist at Trial, The Cross-Examination of the Plaintiffs Economist and Closing Arguments.” Defense Research Institute Seminar, Newport, Rhode Island, May 1991.
“The Use of the Annuitist at Trial.” Defense Research Institute Seminar, Las Vegas, Nevada, February 1991.
“The Use of Annuitist at Trial.” Illinois State Medical Insurance Exchange, Chicago, Illinois, January 1991.
“Defense Strategies in Catastrophic Cases.” Illinois Association of Hospital Attorneys Eighth Annual Health Law Symposium, Chicago, Illinois, September 1990.
“Punitive Damages: Avoiding the Big Hit.” International Association of Defense Counsel Open Forum Program, White Sulphur Springs, West Virginia, July 1990.
“How to Cross-Examine the Plaintiffs Economist.” Illinois Trial Lawyers Association Seminar, Oak Brook, Illinois, June 1990.
“Trial Demonstration.” 41st Annual Advocacy Institute, The Institute of Continuing Legal Education, Ann Arbor, Michigan, May 1990.
“The Cross-Examination of the Plaintiffs Economist and Closing Arguments.” Defense Research Institute Seminar, Seattle, Washington, April 1990.
“Winning Strategies in Litigation.” Illinois Legal Times Roundtable Discussion, Chicago, Illinois, April 1990.
“How To Conduct The Direct and Cross Examination.” Illinois State Bar Association Seminar, Chicago and Bloomington, Illinois, April 1990.
“The Handling of Damages in Catastrophic Claims.” United Services Automobile Association, San Antonio, Texas, December 1989.
“The Handling of Damages in Catastrophic Claims.” Transport Insurance Company, Dallas, Texas, December 1989.
“How to Defend the Issue of Damages Without Impairing the Defense of Liability.” California Medical Malpractice Defense Lawyers Seminar, Los Angeles, California, November 1989.
“The Annuitist–A Key Witness for the Damages Defense.” Florida Medical Malpractice Claims Council Seminar, Tampa, Florida, October 1989.
“Use of an Annuitist at Trial.” National Structured Settlements Trade Association, Cincinnati, Ohio, October 1989.
“Strategies for Opening Statements.” The Young Lawyers Section of The Chicago Bar Association, October 1989.
“The Millionaire–The Annuitist on Trial.” Defense Research Institute, Inc. Damages Seminar, Las Vegas, Nevada, September 1989.
“Defending Damages.” American Re-Insurance Company Claims Seminar, Chicago, Illinois, August 1989.
“Does the Present Liability System Offer Equal Justice for All.” The Roscoe Pound Foundation Forum, Boston, Massachusetts, July 1989.
“How to Prove Loss of Future Earnings, Loss of Earning Capacity, and Future Economic Loss–Defendant’s Perspective.” Illinois Institute for Continuing Legal Education, Chicago, Illinois, June 1989.
“Annuity Testimony–What Every Structured Settlement Professional Should Know.” National Structured Settlements Trade Association, Orlando, Florida, May 1989.
“Handling Damages in the Catastrophic Injury Case.” Michigan Physicians Mutual Liability Company, Lansing, Michigan, April 1989.
“Proving Proximate Cause in Medical Negligence Cases–Defendant’s Perspective.” The Chicago Bar Association Medical Legal Relations Seminar, Chicago, Illinois, January 1989.
“Preserving and Avoiding Error.” Illinois State Bar Association, Chicago & Bloomington, Illinois, November 1988.
“Direct Examination of Defendant.” The Illinois Trial Lawyers Association, Chicago, Illinois, October 1988.
“Defense Evidence on Damages.” New Mexico Physicians Mutual Liability Company, Albuquerque, New Mexico, October 1988.
“The Damages Defense in the Catastrophic Injury Case.” The St. Paul Companies Medical Seminar, Minneapolis-St. Paul, Minnesota, September 1988.
“Trying the Catastrophic Injury Case.” Colorado Defense Lawyers Association, Vail, Colorado, August 1988.
“How the Defense Can Effectively Introduce and Use an Annuitist to Offset the Plaintiffs Economist.” International Association of Defense Counsel, White Sulphur Springs, West Virginia, July 1988.
“Negotiating Structures.” Risk Management and Employee Benefits Conference, Washington, D.C., April 1988.
“Defending Damage Issues in Wrongful Death Cases.” Illinois Association of Defense Trial Counsel Defense Tactics Seminar, Chicago, Illinois, March 1988.
“Opening Statements.” The Chicago Bar Association, Chicago, Illinois, February 1988.
“Framing the Issue: How to Approach Damage Questions in the Opening Statement and in the Closing Argument, The Defendant’s Perspective.” The Chicago Bar Association, Chicago, Illinois, February 1988.
“Defense Strategy in Trying Catastrophic Injury Cases.” The Chicago Bar Association, Chicago, Illinois, November 1987.
“Mock-Up of Consultation on a Post-Traumatic Stress Disorder Case and Mock-Up of Consultation on a Closed Head Injury Case.” Psychological Damages Advocacy & Defense Seminar, Chicago, Illinois, November 1987.
“Making Your Closing Arguments More Compelling.” Chicago Bar Association Tort Litigation Section Seminar, Chicago, Illinois, October 1987.
“Demonstrations of Cross-Examination of Plaintiffs Economist and Use of an Annuitist to Offset Plaintiffs Economist.” Defense Research Institute Seminar, Baltimore, Md. September 1987.
“Controlling Damages.” Lloyds of London, London, England, June 1987.
“Controlling Damages: The Defense Strategy.” Central Claims Executive Association, Colorado Springs, Colorado, May 1987.
“Demonstration of Products Liability Discovery Deposition–Use of Expert Witness–Use of Evidence. “Illinois Institute for Continuing Legal Education, Chicago, Illinois, May 1987.
“Controlling Damages: The High-Stakes Case.” Kenneth H. Wells Claims and Defense Seminar, Phoenix, Arizona, March 1987.
“The Millionaire–The Defense Economist: Yes or No and the Alternatives.” Defense Research Institute Seminar, Las Vegas, Nevada, February 1987.
“Containment of Damages.” American Re-Insurance Company Claims Presentation, Denver, Colorado, January 1987.
“Fair and Reasonable Compensation.” American Re-Insurance Company Corporate Liability Seminar, Chicago, Illinois, September 1986.
“Courtroom Strategies, Psychology of Cross Examination and Psychology of Closing Argument.” Court Practice Institute, Inc., Chicago, Illinois, May 1986.
“Mitigation & Damages in High Value Litigation.” Chicago Claim Managers Council Seminar, Chicago, Illinois, November 1985.
(Prior to 1985 not included)