C. Barry Montgomery | Partner

C. Barry Montgomery is a founding partner of the commercial litigation firm of Williams Montgomery & John Ltd. Mr. Montgomery is an active trial lawyer who has tried more than 150 jury trials to verdict in state and federal courts throughout the United States.

C. Barry Montgomery

Mr. Montgomery received a B.A., cum laude, from Muskingum University and received his J.D. from the University of Michigan Law School, where he was a Lecki Scholar.

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.

Bar Admissions

U.S. Supreme Court

U.S. District Court, Northern District of Illinois, Trial Bar

U.S. Court of Appeals, Seventh Circuit

U.S. Court of Appeals, Eighth Circuit

U.S. Court of Appeals, Ninth Circuit

U.S. Court of Appeals, D.C. Circuit

Illinois Supreme Court

Pro Hac Vice Admissions

Alabama, Alaska, Arizona, Arkansas, California , Colorado, Connecticut, Florida, Indiana, Iowa, Kansas, Kentucky, Louisiana, Massachusetts, Menomonee Trial Court, Michigan, Missouri, Montana, Nebraska , Nevada , New Jersey, New York, Oklahoma, Oregon, Pennsylvania, Tennessee, Texas, U.S. Virgin Islands, Washington, West Virginia, Wisconsin and Wyoming

Recognitions

Best Lawyers in America, each year since 1989: currently listed for Bet-The-Company Litigation and Commercial Litigation.

"Top 10 Litigators in the United States," The National Law Journal.

"Top 10 Litigators in Illinois," The National Law Journal.

"Top Ten Leading Commercial Litigators in Illinois," Leading Lawyers Network.

"Top Ten Leading Business Lawyers in Illinois," Leading Lawyers Network.

"500 Leading Lawyers in America," Lawdragon.

Illinois Super Lawyers, "The Top 10".

Illinois Super Lawyers, Business Litigation.

Martindale-Hubbell Law Directory "AV" (highest) rating.

International Who's Who of Product Liability Defense Lawyers.

International Who's Who of Business Lawyers.

Who's Who in the World.

Who's Who in American Law.

Who's Who in America.

Who's Who in the Midwest.

Profile: "Montgomery for the Defense," Chicago Magazine.

Profile: "Defense Attorney: Think Like a Winner to Be a Winner," Chicago Lawyer.

Profile: "Barry Montgomery: Defense Attorney Knows How to Talk to Joe the Juror," Leading Lawyers Network Magazine/Business Edition.

Memberships

Fellow, International Academy of Trial Lawyers

Fellow, International Society of Barristers

American Board of Trial Advocates

International Association of Defense Counsel

Chicago Bar Association

Illinois State Bar Association

American Bar Association

Seventh Circuit Bar Association

Legal Club of Chicago

The Society of Trial Lawyers

Trial Lawyers Club of Chicago

Defense Research Institute

Representative Matters

Emerald Casino Trustee v. Various Officers and Directors of Emerald Casino, Inc.
U.S. District Court, Northern District of Illinois. Successfully represented former Officer and Director found not guilty in breach of contract suit by Bankruptcy Trustee resulting in a $272 million judgment against other defendants.

McDavid, Inc. v. Nike USA, Inc.
U.S. District Court, Northern District of Illinois. Successfully represented plaintiff McDavid in a patent infringement suit against Nike USA, Inc.

Prudential Plaza Associates v. Turner Construction Company
Circuit Court of Cook County, Illinois. Won $9 million breach of contract and promissory fraud counterclaim for defendant Turner Construction. Plaintiff Prudential sought $3 7 million in delay and remedial damages arising out of the construction of Two Prudential Plaza. (Selected by The National Law Journal as one of the "Outstanding Defense Verdicts" in the United States).

Sean Mason ex. rel. United States v. Medline, Inc. and the Medline Foundation

U.S. District Court, Northern District of Illinois. Obtained $85 million settlement on behalf of the U.S. government representing qui tam plaintiff after the United States declined to intervene. Lawsuit brought against Medline for its national practice of securing contracts by providing kickbacks to medical care facilities. Case settled after discovery for $85 million plus attorney's fees.

Smith v. Black & Decker

Circuit Court of Will County, Illinois. Obtained a defense verdict in a product liability lawsuit against Black & Decker involving a power saw manufactured by defendant. Plaintiff alleged the defective design resulted in an accident that caused serious personal injuries. Case cited by The National Law Journal as one of the "Outstanding Defense Verdicts" in the United States.

United States of America v. International Paper Company, et al.

U.S. District Court, Southern District of Texas. Won criminal antitrust case on behalf of Weyerhaeuser officer alleging national conspiracy to fix prices in the corrugated box industry in violation of the Sherman Act. At the time, was the largest criminal antitrust suit brought by the U.S. government against a single industry.

Smith as Bankruptcy Plan Trustee for Estate of Boston Chicken, Inc. v. Arthur Andersen, et al.

U.S. District Court, District Court of Arizona. Represented individual director and member of audit committee of Boston Chicken , Inc. in suit alleging breach of fiduciary duty claims arising out of the Boston Chicken bankruptcy. Settled while summary judgment motions were pending.

Central Illinois Light Co. v. Freeman United Coal Co.

Arbitration, Chicago, Illinois. Won breach of contract arbitration claim on behalf of defendant Central Illinois Light Co. Plaintiff sought damages and termination in connection with a long-term coal supply agreement.

Lister v. Bill Kelley Athletic, Inc.

Circuit Court of DuPage County, Illinois. Obtained defense verdict in a product liability lawsuit brought against helmet manufacturer Bill Kelley Athletic , Inc. involving design of a football helmet. Plaintiff alleged defective design and failure to warn after sustaining serious personal injuries when making a tackle during a high school football game. Case cited by The National Law Journal as one of the "Outstanding Defense Verdicts " in the United States.

Whirlpool Corporation v. Sensata Technologies, Inc. and Texas Instruments Inc.

Circuit Court of Cook County, Illinois. Represented plaintiff consumer product manufacturer Whirlpool in product liability lawsuit against Texas Instruments Inc. to recover damages caused by recall of 1.8 million refrigerators. Settled on eve of trial.

Publications

Montgomery, C. Barry & Nahrstadt, Bradley C. "Crafting a Successful Closing Argument." For The Defense, September, 2009.

Montgomery, C. Barry & Nahrstadt, Bradley C. "The Art of Settlement—Factors to Consider." The Paradigm, quarterly publication of Primerus Defense Institute, Fall, 2008.

Montgomery, C. Barry & Nahrstadt, Bradley C. "When to Settle a Case—Factors to Consider." Published in Primerus electronic newsletter Defensively Speaking, December, 2007.

Montgomery, C. Barry & Nahrstadt, Bradley C. "Pick a Winner: Some Thoughts on Jury Selection." For The Defense, October, 2007.

Montgomery, C. Barry & Nahrstadt, Bradley C. "Beyond the Threshold: Motions in Limine" (Part II). For The Defense, May, 2007.

Montgomery, C. Barry & Nahrstadt, Bradley C. "Link Trial Presentation to Jury Instructions." For The Defense, June, 2006.

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. "How to Defend Punitive Damages Claims Effectively—and Maybe Successfully." Defense Counsel Journal, July, 1999.

Council Compensatory Damages Deskbook, 1995, and 2nd Edition Chapter: "Direct Examination of Annuitists." Product Liability Advisory, 1999.

Chapter: "Applying the Admissibility Standards to the Economist." International Association of Defense Counsel Manual, 1999.

Montgomery, C. Barry & Horstman, James K. "Federal Preemption: Still a Cure for Managed Care Liability Claims?" For The Defense, July, 1997.

Chapter: "Direct Examination of Lay Witnesses at Trial." International Association of Defense Counsel Training Manual, 1989, and 2nd Edition, 1995.

Editor: International Association of Defense Counsel Training Manual, 2nd Edition, 1995.

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. "The Annuitist—A Key Defense Witness on the Issue of Damages." For The Defense, July, 1988.

Chapter: "Keeping Damages Fair and Reasonable." Masters of Trial Practice, Wiley Law Publications, June, 1988.

Chapter: "Defendant's Opening Statement." Trial Techniques, The Institute of Continuing Legal Education, Ann Arbor, Michigan, 1987.

"Annual Symposium with the Judges. " Chicago Law Bulletin Seminars, Chicago, Illinois, November, 2013.

"Expert Analyses of Videotaped Product Liability Case." Chicago Law Bulletin Seminars, Chicago, Illinois, June 2011.

"Evaluating Your Case for Settlement." Chicago Law Bulletin Seminars 2010 Case Evaluation Conference, Chicago, Illinois, July, 2010.

"Winning the Verdict & Protecting the Record." The Law Bulletin Publishing Company Seminars, Chicago, Illinois, May, 2009.

"Litigation Skills I—Pretrial Conference." The Law Bulletin Publishing Company Seminars, Chicago, Illinois, March, 2008.

"Shaken Not Stirred." American Bar Association, Chicago, Illinois, February, 2008.

"Case Valuation II: When to take the case—When to settle." Chicago Law Bulletin Seminars, Chicago, Illinois, October, 2007.

"Appropriate Use and Purpose of Motions in Limine." Defense Research Institute Seminar—Preeminent Lawyer—Superstars of Trial, Chicago, Illinois, September, 2006.

"Jury Instructions." Defense Research Institute Seminar—Becoming A Preeminent Trial Lawyer, Chicago, Illinois, October, 2005.

"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.

"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.

"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.

"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 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.

"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.

"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.

"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.

"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.

"Strategies for Opening Statements." The Young Lawyers Section of The Chicago Bar Association, October, 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.

"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.

"Opening Statements." The Chicago Bar Association, Chicago, Illinois, February, 1988.

"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, Maryland, September, 1987.

"Controlling Damages." Lloyds of London, London, England, June, 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.

"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.