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Ed
Matushek is the founding partner of Matushek,
Nilles & Sinars, L.L.C. He has received the highest rating,
"AV," from his peers, as published by the Martindale-Hubbell Law
Directory and he has been named a "Leading Lawyer" in the area of
mass tort defense by the Law Bulletin Publishing Company. He has
also been featured in the February 2007 issues of Chicago
Magazine and Illinois Super Lawyers as among the top 5% of
Illinois attorneys who practice in the area of mass torts. |
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Edward J. Matushek
III -
has more than
25 years of legal experience, handling civil jury trials and
appeals. Mr. Matushek focuses on product liability, toxic torts,
aviation law, and occupational exposure claims. Much of his
practice involves asbestos litigation.
Legal Experience: Ed
Matushek has defended thousands of complex mass
toxic tort and product liability cases, including multi-party
personal injury and property damage claims involving asbestos
exposure, mold, motorcycle manufacturing and design defects, air
crashes and aviation hull damage, and mechanical press and
electrical switch manufacturing defects. He is widely respected for
his effective litigation skills and often achieves an early
favorable resolution on behalf of his clients as a result. For
example, in Cook County asbestos litigation, Mr. Matushek has
obtained summary judgment in over 50% of the claims filed against
his clients, years before the cases were set for trial. He
co-authored the joint defense brief which defeated the motion of
all Cook County asbestos plaintiffs for a single consolidated
trial.
Mr. Matushek has also
demonstrated he is not afraid to try a case where warranted. He has
tried high-profile cases to verdict in both Cook and Madison
Counties, two of the top three venues rated nationwide as "judicial
hell-holes" by the U.S. Chamber of Commerce. On behalf of an
industrial insulation distributor/contractor, he obtained the only
not-guilty jury verdict among several defendants in an
asbestos-related product liability trial of a wrongful death case
involving lung cancer in McLean County, Illinois. He also
represented an insurance company in a jury trial of a declaratory
judgment action brought by a widow for death benefits under a
$1,000,000.00 insurance policy. Despite the sympathy displayed
toward the plaintiff whose husband died from injuries resulting
from a gasoline explosion, Mr. Matushek achieved a Cook County jury
verdict in favor of the insurer which had denied
coverage.
Mr. Matushek's litigation
management skills were highlighted in obtaining dismissals of all
448 plaintiffs' claims against a client which was targeted by a
nationwide screening program; those defense rulings were all upheld
on appeal. In numerous jurisdictions around the country, he was
also successful in convincing courts that no liability continued
for a dissolved Illinois corporation for asbestos claims filed
after the date of corporate dissolution, again resulting in the
dismissals of hundreds of claims that were pending against his
client.
In addition to jury trials, Mr.
Matushek also has extensive appellate experience, including cases
of first impression such as McIntosh v. A & M Insulation
Co., 244 Ill. App. 3d 247 (1st Dist.1993) (the first
application of the Illinois Construction Statute of Repose defense
to asbestos claims against insulation contractors), and Leng v.
Celotex Corp., 196 Ill. App. 3d 647 (1st Dist.1990) (prevention
of the application of market share liability to Illinois
companies). He was retained as amicus counsel on behalf of an
Illinois contractors' association in Krueger v. A.P. Green
Refractories, 283 Ill. App. 3d 300 (3rd Dist.1996) (asserting
successfully that asbestos-containing insulation products
constitute an improvement to real property which is afforded the
protection of the construction statute of repose).
Professional Associations: Mr.
Matushek has served on the Board of Managers for the Chicago Bar
Association and is past Chair of the CBA's Continuing Legal
Education Committee. In 1990, he was Chair of the 11,000-member
Young Lawyers Section of the Chicago Bar Association, with
responsibility for guiding more than 30 substantive law and service
committees. During his tenure, he motivated a team of volunteer
lawyers to earn the ABA Award of Achievement for the success of
many public service projects. From 1992 to 1998, he served on the
Board of Directors of the American Judicature Society. Mr. Matushek
is a member of the Illinois Association of Defense Trial Counsel,
the Defense Research Institute, the Illinois Bar Association and
the American Bar Association's Tort & Insurance Practice and
Litigation Sections.
Education: Mr. Matushek
received his B.A. in 1975 from Illinois Wesleyan University in
Bloomington, Illinois. He earned his Juris Doctor in 1982 from The
John Marshall Law School in Chicago, where he placed first in the
JMLS Moot Court Competition, receiving both the Outstanding Oralist
Award and Best Brief Award.
Admitted to Practice: Mr.
Matushek is admitted to practice before the Illinois Supreme Court,
the United States District Court for the Northern District of
Illinois, Trial Bar, the United States District Court for the
Northern District of Indiana and the United States District Court
of Arizona. He has also been admitted pro hac vice for cases
in the States of Indiana, Wisconsin, Ohio and
Pennsylvania.
E-mail: ejmatushek@matushek.com
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