- Wrongful DeathMr. Bullaro is a trial attorney with decades of experience handling catastrophic injury and wrongful death claims and has tried numerous cases to jury verdict in state and federal courts. He has been selected by several major corporations to serve as regional litigation counsel. He is designated as approved geographic counsel in Indiana and Illinois for major corporations, including a leading supplier of automotive safety systems and a major construction materials supplier/manufacturer.
- Business DisputesContract analysis and legal interpretation of terms and conditions. Contract and agreement drafting generally, including Uniform Commercial Code, construction, real estate, leasing, employment, franchise, partnership and sales transactions.
- Wrongful TerminationRepresenting both employers and employees in employment controversies such as civil rights, sexual harassment, discrimination, employee benefits, wrongful discharge, employment contracts, Family Medical Leave Act (FMLA), the Americans with Disabilities Act (ADA), the Federal Employer’s Liability Act (FELA), the Occupational Safety and Health Acts (OSHA), and special laws governing municipal employment.
- Employment DiscriminationTimothy A. Alspach is a partner of Bullaro & Carton, P.C. He focuses his practice on the defense of general tort litigation cases in the state and federal courts of both Illinois and Indiana. He has successfully defended clients in cases involving premises liability, auto and trucking accidents, attorney malpractice, real estate agent/broker negligence, construction and jobsite injury, appraiser negligence, home inspection negligence, products liability, employment discrimination and general negligence matters.
- Employment Contract
- Employment Litigation
- Sexual Harassment
- Premises LiabilityCircuit Court of Cook County, Illinois Achieved favorable settlement for nominal amount. Plaintiff condominium owner filed suit against building owner based on premises liability and products liability arising out of personal injuries sustained from an allegedly dangerous and defective patio door. After filing a motion for summary judgment, case was settled.
- Construction LitigationMichael R. Carton focuses his practice on insurance defense, civil litigation, insurance coverage, general tort litigation and construction litigation in both Illinois and Indiana.
- Real Estate TransactionsCircuit Court of Cook County, Illinois Obtained judgment on the pleadings on behalf of an attorney in a legal malpractice case filed by a former client arising out of a residential real estate transaction and the alleged failure to advise client regarding the absence of a mortgage contingency clause in the purchase agreement. The defense successfully argued that the case was filed beyond the applicable statute of repose.
- Land Use and Zoning
- Property DamageSuperior Court for the State of California, County of San Bernardino With respect to a large construction defect claim involving more than 2,000 plaintifs alleging residential property damage caused by a a multi-year freeway construction project for which the insured acted as general contractor for several project segments, a coverage opinion and position letters were provided regarding the insurance carrier's defense obligation to both the named insured and co-defendant/additional insured governmental entities. Further, an extensive analysis was performed of the complex tender and contractual indemnity issues among the project's general contractors and over 40 subcontractor trades and 30 insurance carriers, and full participation in a defense agreement was obtained between all primary carriers for the named insured and governmental entities, as well as a complex defense and expert cost-sharing agreement with all trades' additional insured carriers based on an allocation by trade and project segment and which encompassed over $9 million demanded by the state department of transportation for defense and expert fees pursuant to contractual indemnification obligations.
- Personal InjuryIn the recent case Howard v. Missouri Bone and Joint Center, Inc., 2007 WL 1217855 (Ill.App. 5 Dist. 2007), the Illinois Appellate Court, Fifth District, affirmed the dismissal of a personal injury action against an out-of-state Web site owner for lack of personal jurisdiction. The plaintiff filed a complaint in Illinois against a fitness center located in Missouri for personal injuries arising out of the center’s negligence in providing athletic training services to him at the center’s facility in Missouri. Because the center transacted no business in Illinois and the suit did not arise from activities in Illinois, the plaintiff argued that Illinois courts had general jurisdiction because the defendant maintained an interactive Web site that was accessible to residents of Illinois and allowed users to make appointments, fill out surveys, and ask the defendant questions. The Fifth District rejected the “sliding scale” approach used in Zippo Manufacturing Co. v. Zippo Dot Com, Inc., 952 F.Supp. 1119 (W.D.Pa. 1997), and adopted by the Illinois Appellate Court, Second District, which considers a Web site’s level of interactivity in determining whether sufficient minimum contacts have been established to support jurisdiction. Finding the degree of interactivity on a Web site to be irrelevant, the court held that general jurisdiction over any out-of-state defendant, even when the defendant has an interactive Web site, is properly determined by the traditional method of considering whether the defendant had “continuous and systematic general business contacts with the forum.” The court denied the need for a different standard for establishing personal jurisdiction over companies with an Internet presence, analogizing interactive Web sites to telephone or mail communications and passive Web sites to radio or magazine advertising.
- Medical MalpracticeSt. Joseph County Superior Court, Indiana Obtained summary judgment on behalf of a licensed clinical social worker in a lawsuit filed by a former patient alleging abuse. The defense successfully argued that the case was filed beyond the applicable medical malpractice statute of limitations period was constitutional as applied in this case.
- Debt CollectionU.S. District Court for the Southern District of Indiana Achieved favorable settlement. Plaintiffs filed a class action lawsuit in federal court against the defendant, the purchaser of consumer loans owed by the plaintiff and other Indiana residents, as well as the co-defendant debt collector hired by the defendant, alleging violations of the Fair Debt Collection Practices Act, the Indiana Uniform Consumer Credit Code, and the Indiana Deceptive Consumer Sales Act as a result of the defendant's alleged failure to comply with state licensing requirements. An early resolution was successfully obtained through a favorable settlement of all identified class member claims, as well as related to indemnity claims between co-defendants, following the filing and briefing of a motion to dismiss.