Cassidy & Mueller

Shaping The Law

As Attorney General, and in private practice, John E. Cassidy, Sr. was privileged to argue before the United States Supreme Court in cases ranging from multiple state water claims to Lake Michigan to those involving labor demands of railroad workers.

Cassidy & Mueller believes that trial lawyers must know the substantive and procedural law which governs the cases they try. At the same time appellate lawyers must understand the dynamics of trial practice if they are to be effective. Consequently, it is the firm's philosophy that the lawyer who tries the case has primary responsibility for the appeal.

The combination of a progressive view of the evolution of the law and unified advocacy has placed Cassidy & Mueller at the "cutting edge" of tort law development. In each of the following Federal Appellate and Illinois Supreme Court cases the firm played a role in seeking to nudge, mold or shape the law to favor the defense:

ILLINOIS SUPREME COURT
AND FEDERAL COURTS OF APPEAL

Product Liability

Kraciun v. Garlock Inc., 895 F.2d 444 (8th Cir. 1990).
Application of "discovery" rule in asbestos cases.

J. I. Case Co. v. McCartin-McAuliffe, 118 Ill.2d 447 (1987).
Manufacturer's use of employer's negligence in contribution cases.

Coney v. JLG Industries, Inc., 97 Ill.2d 104 (1983).
Application of comparative fault principles and joint liability in products cases.

Construction
Prewein v. Caterpillar Tractor Co., 108 Ill.2d 141 (1985).
Use of comparative fault defenses in Structural Work Act cases.

Medical
Kirk v. Michael Reese Hospital, et al., 117 Ill.2d 507 (1987).
Illinois adopts learned intermediary doctrine in pharmaceutical cases.

Negligence

Dunn v. B & O Railroad Co., 127 Ill.2d 350 (1989).
Effect of comparative fault on Defendant's duty.

Clarkson v. Wright, 108 Ill.2d 129 (1985).
Seatbelt defense.

Contribution

Schrock v. Shoemaker, et al., 246 Ill.App.3d 372, S.Ct. No. 75877 (1993).
Scope of Kotecki v. Cyclops Welding

J. L. Simmons Co., Inc. ex rel Hartford Insurance v. Firestone Tire & Rubber Co., 108 Ill.2d 106 (1985).
Employer's rights and obligations in contribution cases.

Employment-Workers' Compensation

Briggs Mfg. Co. v. Industrial Commission, 212 Ill.App.3d 318 (1991).
No temporary total disability in Section 19(h) cases.

Horton v. Miller Chemical Co., 776 F.2d 1351 (7th Cir. 1985).
Termination for disability does not amount to retaliatory discharge.

Coverage

Massachusetts Mutual v. O'Brien, No. 92-3937 (7th Cir. 1993).
When life insurance policy becomes effective.

Hartford Insurance Group v. Gulf Insurance, 837 F.2d 767 (7th Cir. 1988).
Tender of defense by insured required for estoppel.

Steele v. Hartford Fire Insurance Co., 778 F.2d 441 (7th Cir. 1986).
Absence of bad faith in policy limits case.

Sims for use of Ruark v. Illinois National Casualty Co., 43 Ill.App.2d 184 (1963).
Original estoppel for failure to defend case.

Civil Rights
Springer v. Durflinger, 518 F.3d 479 (7th Cir. 2008).
Liability of public officials under Section 1983 for acts in their individual capacity and as a school board.

Hill v. Shelander, 924 F.2d 1370 (7th Cir. 1991).
Liability of public official under Section 1983 for acts in his individual capacity.

"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)