APPELLATE VICTORY: COURT UPHOLDS DISMISSAL OF WRONGFUL DEATH ACTION AGAINST DOCTOR

Lowis & Gellen appellate attorney Deborah M. O’Brien successfully defended the dismissal of a medical malpractice action before the First District Appellate Court. The appellate court affirmed the dismissal of a complaint alleging that the defendant physician was negligent in diagnosing and treating a fatal heart condition, on grounds that the plaintiff failed to timely satisfy the physician affidavit and report requirements of § 2-622 of the Code. Moreover, the court held that the plaintiff was not entitled to post judgment relief from the dismissal because she failed to prove due diligence in pursuing her action.

Trial attorney Jong-Won Hyun successfully defended the action in the Circuit Court of Cook County before Judge Kathy M. Flanagan.

Appellate Victory: Court Upholds Ruling That Doctor Was Not Qualified As Expert Witness

Lowis & Gellen appellate attorneys Mehreen S. Sherwani and Joan K. Kubalanza (now serving as a judge in the Circuit Court) successfully defended the dismissal of a primary care physician on appeal before the First District Court Appellate Court. In a split decision, the appellate court affirmed the Circuit Court's grant of a motion in limine brought by the co-defendant surgeon, seeking to prevent Plaintiff's expert from testifying that the surgeon violated the standard of care when he chose not to perform a biopsy on Plaintiff's swollen lymph nodes. In affirming the judgment, the appellate court held that Plaintiff's expert was properly barred from testifying that there was a causal connection between the defendants' alleged failure to timely diagnose Plaintiff's lymphoma and her subsequent development of ovarian cancer.

Trial attorneys Mark J. Smith and Scott R. Wolfe successfully defended this case in the Circuit Court of Cook County before Judge Carol Pearce McCarthy. Ms. Sherwani drafted the appellate brief and Mr. Wolfe argued the case before the appellate court. When asked by the Chicago Daily Law Bulletin about the appellate ruling, Mr. Smith stated that it "echoes existing case law." To view the entire Law Bulletin article click here.

Katherine Rowe joins the firm for the month of January from Norton Rose LLP, an international law firm based in London. Katherine trained at Norton Rose and qualified into the Mergers and Acquisitions team two years ago. She regularly acts for both public and private companies (based both in the UK and in Europe) as well as a number of hedge funds on their domestic and cross border M&A transactions. Katherine also provides general corporate advice to various international companies on an ongoing basis, including amongst others, a leading top end European car manufacturer. In addition, she was recently on secondment to BBC Worldwide Limited, the commercial arm of the British Broadcasting Corporation (the principal public sector broadcaster in the UK) assisting with a Competition Commission enquiry. During her time with Lowis & Gellen, Katherine will be looking to further develop the relationship between Lowis & Gellen and Norton Rose to better serve our mutual clients.

Lowis & Gellen featured in Leading Lawyers Network Magazine

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Lowis & Gellen opens office in New York

To our clients and friends,

With gratitude for the many continuing client relationships that take Lowis & Gellen attorneys across America and around the globe, we are announcing the opening of our office in New York City in January 2009.

Serving our clients whose business interests reach beyond the Midwest, across the country and throughout Europe, Lowis & Gellen has offices in Chicago, London, Florida and now New York. The New York office will provide additional support for the international transactions and disputes previously handled exclusively from the Chicago base of the firm.

Our New York office will be manned full time by Gary Greenberg, an esteemed friend and life-long resident of New York who was formerly a litigation partner and of counsel in the New York offices of Orans, Elsen & Lupert and Vinson & Elkins. Gary is an accomplished attorney and a skillful litigator who represents and counsels diverse companies and partnerships in contract, fraud, employment, intellectual property, corporate governance, acquisitions, dissolutions and government investigations. His impressive trial experience includes representation in federal and state courts as well as numerous arbitrations.

Gerald Haberkorn and Pam Gellen will be working in the New York office with Gary and will maintain their practices in Chicago as well.

As an aggressive young firm of nearly 50 attorneys, we combine deep and diverse legal and business experience with the discipline and rigor of a larger firm in a small firm setting where each client, regardless of size, receives quality partner level involvement and attention. Our attorneys are admitted to practice law in states throughout the U.S. including New York, California, Florida, Illinois, Indiana, Michigan, Pennsylvania and Wisconsin.

As always, the attorneys at Lowis & Gellen focus on efficiently and effectively meeting the cross-border commercial and corporate needs of our clients. We anticipate that the opening of our New York office will inaugurate new opportunities for our clients and will also prove to be an ideal gateway into business in continental Europe. We invite you to talk with us about how this office can help support your domestic and international operations.

We are attorneys with solutions. Consistently delivered.

With our sincere best wishes for a safe and successful 2009.