Andrew K. Polovin
Professional Practice
Bartlit Beck Herman Palenchar & Scott LLP, 2000-Present, Partner (since 2007)
Cases tried or otherwise taken to judgment
Grays Harbor Adventist Church v. Carrier Corp. (and related cases)
Represented Carrier Corporation in series of consumer fraud class actions alleging design defect in high-efficiency condensing furnaces. Obtained summary judgment and denial of class certification in favor of Carrier Corp. in Wisconsin. Cases settled following ruling.
In re Metropolitan Securities Litigation (and related cases)
Represent Ernst & Young in various accounting malpractice cases stemming from the failure of Metropolitan Mortgage & Securities, Inc. and related companies. Cases pending in the Eastern District of Washington, Western District of Washington, and arbitration forum. Obtained victories for Ernst & Young following separate multi-week arbitrations in Spokane, Washington (case captioned Mike Kreidler, Insurance Commissioner for State of Washington v. Ernst & Young) and Seattle, Washington (case captioned Metropolitan Creditors Trust, et al. v. Ernst & Young).
Confidential (AAA Arbitration, Washington D.C.)
Represented accounting firm in confidential arbitration against venture capital firms alleging negligence related to due diligence and audit work in connection with large private acquisition. Obtained verdict in favor of accounting firm following three week arbitration.
Agnes, et al. v. E.I. du Pont de Nemours and Company
Represented DuPont in toxic tort action by thousands of neighborhood residents alleging personal injuries and property damages due to VOC emissions from blasting cap factory. Case was resolved in arbitration forum after litigation in New Jersey federal court.
Flores v. A Taste of Heaven
Represented pro bono plaintiff in employment discrimination and wrongful termination case before Chicago Industrial Commission. Plaintiff awarded back pay, emotional distress damages and punitive damages after one-day administrative hearing.
Perry v. Bodman
Represented pro bono individual in age and gender discrimination lawsuit against the Department of Energy. Verdict in favor of Defendant after two day jury trial.
State Farm v. Nicor
Represented Nicor at one-day bench trial in defense of property damage claim when one of Nicor’s employees was involved in a traffic accident. Damages reduced by 50 percent based on Plaintiff’s contributory negligence.
Newsome v. McCabe
Assisted as law clerk in representation of James Newsome in Section 1983 civil rights action. Newsome, an African-American male, alleged that two Chicago police officers framed him for a murder he did not commit, causing him to spend 15 years in prison. Jury returned $15 million verdict on Newsome’s behalf. Verdict was upheld on appeal.
Other representative cases
Errico v. Stryker Corporation
Represent Stryker Corp. in breach of contract action regarding Stryker’s acquisition of medical device company. Case pending in Southern District of New York.
Confidential Arbitration
Represented Fortune 500 medical device manufacturer in dispute with private equity firm stemming from the firm's acquisition of client's subsidiary. Case settled.
Confidential Arbitration
Represented large health system in southeastern United States in purchase price dispute with private equity firm stemming from the health system’s acquisition of large medical imaging company. Case settled.
Swift Transportation Co. v. Ernst & Young
Represented Ernst & Young in accounting malpractice action stemming from merger between Swift Transportation Company and M.S. Carriers, Inc.
Confidential
Provided litigation counseling to and represented Fortune 500 company in mediation arising out of the disputed sale price of two companies acquired by large private equity fund. Case settled favorably at mediation.
E.I. DuPont de Nemours and Co. v. Cardinal Health, Inc., et al.
Represented DuPont in breach of contract case in Davidson County, Tennessee. Case involved the manufacture of fabric used to make surgical drapes and gowns. Case settled favorably immediately before opening statements.
International Truck & Engine v. Ford Motor Co.
Provided litigation counseling to International Truck & Engine in various commercial disputes with Ford Motor Company.
Field Hybrids, LLC v. Toyota Motor Corp., et al.
Represented individual inventor in patent infringement lawsuit involving patents on hybrid electric vehicles. Case settled.
Data Innovation, LLC v. Time Warner Cable, et al.
Represented individual inventor in patent infringement lawsuit involving patents on information distribution system used in the provision of high-speed cable modem internet and interactive television services. Case settled.
Olson v. Bear Cartage and Intermodal
Represented injured plaintiff in personal injury action against interstate trucking company. Case settled favorably before ever filing Complaint.
Dorsey v. City of Chicago
Represented pro bono individual in employment discrimination lawsuit against City of Chicago. Case settled.
News
Big Wins
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In re Metropolitan Securities Litigation (2009)
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James Newsome v. McNally & McCabe (2001)
