David B. Mueller

dmueller@cassidymueller.com

David B. Mueller is a member of the Peoria firm of Cassidy & Mueller P.C. He is a graduate of the University of Oklahoma and the University of Michigan Law School. His practice is concentrated in the field of civil litigation, from the defense perspective, in both the state and federal trial and appellate courts.

He has served as Chairman of the Civil Justice Reform Act Advisory Committee for the Central District of Illinois. He has been a member of the Illinois Supreme Court Committee on Jury Instructions in Civil Cases and was Co-Chairman of the Supreme Court Committee to Revise the Rules of Discovery. He also was Co-Chairman of the Product Liability Committee of the Illinois Defense Counsel and has written several articles on product liability law.

David is married to his wife, Louise, and they have two grown children and four grandchildren.

Areas of Practice:

• Civil Tort Litigation
• Construction Related Injury Litigation
• Drug and Medical Device Litigation
• Estate and Trust Litigation
• Federal Appellate Practice
• Liability Insurance Coverage Litigation
• Medical Malpractice Litigation
• Product Liability Litigation
• State Appellate Practice

Bar Admissions:

• Illinois, 1966
• United States District Court, Central District of Illinois
• United States District Court, Northern District of Illinois
• United States Court of Appeals, Seventh Circuit

Education:

• University of Michigan, Ann Arbor, Michigan, 1966 LL.B
  • Phi Delta Phi
  • Editor, Tort Trends Newsletter, 1976-1979.
• University of Oklahoma, 1963 Bachelor of Arts in Letters

Professional Associations and Memberships:

• Co-Chairman, Supreme Court Committee to Revise the Rules of Discovery, (1983-1993)
• Advisory Member on Discovery Rules, Illinois Judicial Conference (1993-2013)
• Member Joint Judicial Conference and Illinois Rules Committee (1995-present)
• Member Special Discovery Rules Drafting Committee (1995-1996)
• Member Illinois Supreme Court Committee on Jury Instructions in Civil Cases (1995-2001)
• Abraham Lincoln Inns of Court: Master and Secretary (1989-1990), Counselor (1990-1991), President (1991-1992)
• Chairman, Civil Justice Reform Act Advisory Committee for the Central District of Illinois (1991-1992)
• Member: Peoria County (First Vice President, 2000-2001, President, 2001-2002)
• Recipient, PCBA Distinguished Community Service Award
• Illinois State Bar Association (Secretary, Tort Law Section, 1977-1979; Member, Standing Committee on Legal Education, Admission and Competence, 1984-1987; Associate Member, Civil Practice and Procedure Council, 1985-1986)
• American Bar Association
• Fellow, Illinois State Bar Foundation
• Fellow, American Bar Foundation
• Senior Fellow, Litigation Counsel of America, The Trial Lawyer Honorary Society

Publications:

• “The Ready Answer – Settling Defendants’ Fault Can’t Be Used to Determine Joint Liability“, Illinois Bar Journal, Vol. 97, No. 6, June 2009.
• “Mikolajczyk v. Ford Motor Company: A Synthesis of Approaches in Design Defect Cases“, IDC Quarterly, First Quarter 2009, Vol. 19, No. 1.
• “Continuing Developments in Construction Negligence: A Further Update of Complexities in Construction Negligence Litigation“, IDC Quarterly, Second Quarter, Vol. 18, No. 2.
• “Premises Liability Exposure In Construction Injury Cases“, IDC Quarterly 2005, Vol. 15, No. 1.
• “Forfeiture Of Workers Compensation Lien“, IDC Quarterly 2005, Vol. 15, No. 3.
• “Ins and Outs Of Amended Section 2-1117“, presented IDC Trial Tactics Seminar, Feb. 2004.
• IICLE Effective Illinois Jury Selection, Spring 2003 “Observations On Jury Selection From The Defense Perspective” (Additional chapter supplements through 2014)
• “Complexities In Construction Negligence Litigation“, IDC Quarterly 2003, Vol. 13, No. 3.
• “Developments In Product Liability Law“, IDC Quarterly 2003, Vol. 14, No. 2.
• “Recent Developments In Construction Negligence“, IDC Quarterly 2003, Vol. 14, No. 2.
• “Spoliation Of Evidence, An Intellectual Quagmire“, IDC Newsletter, December, 2002.
• Chapter IICLE 2002 Liability Insurance, “Duty To Settle – Exhaustion” (Additional chapter supplements through 2014)
• “Evolution of the Learned Intermediary Doctrine in Illinois“, IDC Quarterly, Third Quarter, 2002, Vol. 12, No. 3.
• “Product Standards and Preemption: Making Government Work For You“, IDC Quarterly, Third Quarter, 2000, Vol. 10, No. 3.
• “The New Discovery Rules: Reshaping the Landscape for Illinois Litigators“, December, 1995 Issue of the Illinois Bar Journal.
• Chapter, IICLE “Revised Federal Discovery Rules And Related Practice In The Central District Of Illinois” (1995).
• Chapter, IICLE “Winning Pretrial Preparation In The New World Of Illinois Civil Litigation” (1995).
• “Comparative Fault in Strict Liability Cases Under Section 2-1116 of the Code of Civil Procedure“, IDC Quarterly, 4th Quarter 1992.
• “Has The General Assembly Expanded The Concept Of ‘Contributory Fault’ In Strict Tort Liability Actions? A Defendant’s Perspective“, ISBA Trial Briefs, December, 1992.
• “Timely Disclosure of Expert Witnesses-Analysis of Supreme Court Rule 220“, July, 1986, Issue of the Illinois Bar Journal.
• “Liability to the Public Servant-A Dividend Approach to Duty“, 1980 Issue of the Illinois Bar Journal.

Seminars-Lecturer:

• North Central Regional Trial Academy, Instructor, 2004-present
• Peoria County Bar Association Continuing Legal Education, Recovering Medical Bills in Tort Claims, 2008
• Peoria County Bar Association Continuing Legal Education, What Will Be the Effect of the New Medical Malpractice Litigation?, 2006
• IDC Spring Defense Tactics Seminar, March 10, 2006
• IDC Spring Defense Tactics Seminar, February 28, 2004
• Illinois Defense Counsel Third Annual Fall Seminar
• Illinois Association of Defense Trial Counsel Ninth Annual Fall Seminar

Significant Reported Cases:

• Camp v. TNT Logistics Corp., 553 F. 3d 502 (7th Cir. 2009)
• Ioerger v. Halverson Const. Co., Inc., 232 Ill. 2d 196 (2008)
• Springer v. Durflinger, et al., 518 F. 3d 479 (7th Cir. 2008)
• Wills v. Foster, 225 Ill. 2d 679 (2007) (Amicus Brief)
• Blue v. Environmental Engineering, Inc., 215 Ill. 2d 366 (2005) (Amicus Brief)
• N.C. Illinois Trust Co. v. First Illini Bancorp, 323 Ill. App. 3d 254 (2001)
• Schrock v. Shoemaker, 159 Ill.2d 533 (1994)
• Massachusetts Mutual Life Insurance Co. v. O’Brien, 5 F.3d 1117 (7th Cir. 1993)
• Kraciun, et al. v. Garlock Inc., et al., 895 F. 2d 444 (8th Cir. 1990)
• Dunn v. B & O Railroad Co., 127 Ill.2d 350 (1989) (Amicus Brief)
• Hartford Insurance Group v. Gulf Insurance, 837 F. 2d 767 (7th Cir. 1988)
• Dukes v. J.L. Case Co., 118 Ill.2d 447 (1987) (Amicus Brief)
• Kirk v. Michael Reese Hospital et al., 117 Ill.2d 507 (1987) (Amicus Brief)
• Wilsey v. Eddingfield, 780 F. 2d 614 (7th Cir. 1986)
• Prewein v. Caterpillar Tractor Co., 108 Ill. 2d 141 (1985)
• J.L. Simmons Co., Inc. ex rel. Hartford v. Firestone Tire & Rubber Co., 108 Ill. 2d 106 (1985)
• Clarkson v. Wright, 108 Ill. 2d 129 (1985) (Amicus Brief)
• Coney v. JLG Industries, Inc., 97 Ill. 2d 104 (1983)
• Carney v. Union Pacific Ry. Co., 2014 IL App (1st) 130105-U (Amicus Brief)

"The law is not an inflexible structure whose walls restrain progress. Rather, it needs to be nudged molded and shaped. An able advocate best represents his client by convincing the Courts of that fact."

John E. Cassidy. Sr. (1896-1984)
Firm Founder Illinois Attorney General (1938-1940)