John A. Simon

Partner
john.simon dbr.com
Phone: (312) 569-1392 (312) 569-1392
Fax: (312) 569-3392

About

John A. Simon applies his considerable litigation skills, experience and creativity to develop the litigation strategy that will best achieve the client’s business objectives. Frequently, John has been able to resolve the commercial dispute or regulatory issue at the outset and thereby avoid litigation when that was the client’s goal. In other instances, John aggressively pursues his clients’ claims and defends his clients in federal and state trial courts, courts of appeal, and administrative agencies.

John has prevailed for his clients in numerous jury and bench trials in federal and state court. He has substantial appellate experience, including arguments in the Illinois and U.S. Supreme Courts and federal and state appellate courts around the country. John has successfully represented his clients in state and municipal governmental regulatory litigation, including environmental litigation and appellate review of agency decisions.

He has successfully defended a manufacturer in a multistate products liability litigation; a utility company in a class action ERISA suit; a construction client in litigation brought by the general contractor; and a material storage company against environmental claims. John has made substantial recoveries for his clients, including a $31 million jury award in a condemnation matter and a $12 million recovery on a commercial guaranty. In addition, he has represented pharmaceutical companies, online and brick-and-mortar retailers, and health care providers in commercial disputes involving tax increment financing, false claims actions, and real estate issues.

John served for seven years in the Office of the Attorney General, where he represented state agencies and officers in state and federal courts and before administrative commissions.

John clerked for the Honorable Richard L. Carry in the Chancery Division of the Circuit Court of Cook County.


Experience

U.S. Supreme Court

  • Gade v. National Solid Wastes Management Ass'n, 505 U.S. 88 (1992)

Illinois Supreme Court

  • Beverly Bank v. Illinois Department of Transportation, 144 Ill. 2d 210 (1991)
  • Kean v. Wal-Mart Stores, Inc., 235 Ill. 2d 351 (2009) (brief)
  • Hampton v. Metropolitan Water Reclamation District, 2016 IL 119861 (amicus curiae brief)

U.S. Court of Appeals

  • McEvoy v. IEI Barge Services, 622 F. 3d 671 (7th Cir. 2010)
  • Chicago Tribune Co. v. Bd. of Trs. of the Univ. of Ill., 680 F. 3d 1001 (7th Cir. 2012) (amicus curiae briefs)
  • Laborers' Pension Fund v. A & C Environmental, Inc., 301 F. 3d 768 (7th Cir. 2002)
  • Aircraft Owners and Pilots Ass'n v. Hinson, 102 F. 3d 1421 (7th Cir. 1996) (briefs)
  • Vencor, Inc. v. Webb, 33 F. 3d 840 (7th Cir. 1994) (briefs)
  • Wells Fargo Bank, N.A. v. Keystone Property Fund II, LP,(7th Cir. Docket No. 13-3712)
  • Lamar v. Forest Preserve District of DuPage County, (7th Cir. Docket No. 05-3196) (settled on appeal)
  • Whitehead v. Oklahoma Gas & Electric Co., 187 F. 3d 1184 (10th Cir. 1990)
  • National Solid Waste Management Ass’n., 918 F. 2d 671 (7th Cir. 1990)

Illinois Appellate Court

  • Davis v. Kewanee Hospital, 2014 IL App (2d) 130304
  • Toyal Am. Inc. v. Ill. Pollution Control Bd., 2012 IL App (3d) 100585
  • Nationwide Gen. Ins. Co. v. Shapo, 328 Ill. App. 3d 1028 (4th Dist. 2002)
  • Lamar Whiteco Outdoor Corp. v. City of W. Chicago, 395 Ill. App. 3d 501 (2nd Dist. 2009)
  • Lamar Advantage G.P. Co., LLC v. Addison Park Dist., 354 Ill. App. 3d 130 (2nd Dist. 2004)
  • Milwaukee Safeguard Ins. Co. v. Selke, 324 Ill. App. 3d 344 (1st Dist. 2001) (briefs)
  • Village of East Dundee v. Village of Carpentersville and Walmart, 2016 IL App (2d) 151084
  • Village of East Dundee v. Village of Carpentersville and Walmart, 2014 IL App (2d) 131006-11
  • Lamar Whiteco Outdoor Corp. v. City of W., Chicago, 355 Ill. App. 3d 352 (2nd Dist. 2005)
  • Doe v. Delnor Cnty. Health System, 2011 IL App (2d) 100880-U (brief)
  • Hampton v. Metropolitan Water Reclamation District, 2015 IL App (1st) 132317 (amicus curiae brief)
  • DeMaio v. Aldi, Inc., 373 Ill. App. 3d 1160 (2nd Dist. 2007), Rule 23 Order
  • 227 Monroe Street, Inc. v. Grippo & Elder, LLC Appeal No. 1-11-0718
  • People ex rel IDOT v. City of Chicago and Chicago Park District, 1st Dist. Docket No. 1-96-3410 (appeal settled when governor and mayor agreed to keep Meigs opened for five more years)
  • Palos Community Hospital v. Advocate Healthcare et al., 1st Dist. Docket No. 1-16-1857 (appeal of the denial of a TRO)

Commercial Litigation

  • Successfully defended a large latex glove manufacturer in complex multistate latex glove products liability litigation involving hundreds of lawsuits, many of which were coordinated in federal multidistrict litigation and a dozen state court coordinated proceedings.
  • Obtained a $31 million jury award for client in a condemnation action brought by a local school district.
  • Recovered $12 million on a commercial real estate guaranty agreement in addition to the recovery and sale of the loan collateral valued at approximately $40 million.
  • Successfully defended a large utility company against an ERISA class action lawsuit in the district court and on appeal.
  • Successful defense at trial of a client in construction litigation brought by the general contractor and structural steel subcontractor for several millions of dollars.
  • Litigated false claims actions involving pharmaceutical company, online retailer, and healthcare provider.
  • Successfully defended a bulk materials storage and transfer company against Clean Air Act and Resource Conservation and Recovery Act claims in district court and on appeal.
  • Defended a court challenge to a $4.3 million tax increment financing (TIF) for a retail store client.
  • Represented the Chicago Park District in the Meigs Field state and federal court litigation.

  • Recovered $12 million for client on a commercial real estate guaranty agreement in addition to recovery and sale of office building collateral valued at over $40 million.
  • Defended state hazardous waste crane operators and laborers licensing acts in the district court, Seventh Circuit and the United States Supreme Court.
  • Successfully defended coal storage and transfer operator in Clean Air Act and RCRA litigation in the district court and on appeal in the Seventh Circuit.
  • Represented pharmaceutical company in state attorney general litigation alleging false claims and consumer fraud act violations over drug pricing.
  • Represented online retailer in false claims act litigation alleging state sales tax should have been collected on shipping costs.
  • Secured defense judgment for MRI clinic owner in lawsuit alleging state insurance fraud and consumer fraud claims brought by competitor.
  • Represented out-of-state insurers in successful challenge to state insurance premium tax that favored domestic insurance companies.
  • Successfully defended large utility company in class action ERISA lawsuit in district court and on appeal in the Tenth Circuit.
  • Represented aircraft manufacturer in breach of contract action brought by charter operator claiming that aircraft capabilities were not as represented.
  • Represented a book publisher in government inspector general investigation involving compliance with M/WBE contract goals.
  • Represented municipal and county governments in action to compel U.S. Army Corps of Engineers to dredge waterway flooding municipal sewer and water facilities.
  • Represented sanitary district in enforcement action against municipality in state administrative proceeding.
  • Represented printer in environmental enforcement action in state administrative proceeding.
  • Represented aluminum flake and powder manufacturer in appeal of adverse state administrative adjudication for violation of state environmental air regulations.
  • Represented sanitary district in state court enforcement action brought by state attorney general.
  • Secured a defense judgment for client in construction litigation after two-week bench trial completely defeating all claims of general contractor and structural steel subcontractor for more than $3 million.
  • Represented prominent cultural institution in claim against general contractor and subcontractor for defective welds in significant construction project.
  • Obtained dismissal of mechanics’ lien and breach of contract complaint for client brought by subcontractor.
  • Defended insulation, fireproofing and drywall subcontractor in three-week jury trial, which settled on favorable terms while the jury deliberated.
  • Obtained a $31 million just compensation jury award for client in school district condemnation action. This award was almost twice the pretrial offer of the school district.
  • Recovered attorneys’ fees and experts’ fees for client after dismissal of condemnation brought by fire district.
  • Enjoined enforcement of municipal ordinance compelling removal of client’s billboards as uncompensated taking and recovered attorneys’ fees for client.
  • Secured increased just compensation and reconfiguration of property taken by forest preserve district condemnation, thereby preserving valuable commercial frontage for client.
  • Obtained valuable highway access rights for commercial property owner in IDOT condemnation settlement.
  • Recovered approximately $1.4 million in attorneys’ fees and experts’ fees for client following government abandonment of condemnation action.
  • Successfully defended a large latex glove manufacturer in complex multi-state, multi-district latex glove products liability litigation involving hundreds of lawsuits across the country as national counsel. 
  • Extricated foreign brake manufacturer from product liability asbestos litigation actions filed across the country.
  • Obtained dismissal of lawsuit challenging client’s entitlement to $4.3 million tax increment financing for new store in one municipality because client closed old store in plaintiff municipality.
  • Represented the Chicago Park District in the Meigs Field litigation, in which the governor sought to prevent the closure of this small airport in the park on Chicago’s lakefront.
  • Defeated a motion for TRO seeking to halt ongoing building façade restoration on Chicago landmark because construction was negatively impacting tenant’s business. Lawsuit dismissed shortly thereafter.
  • Defeated a lawsuit against a residential builder brought by homeowners in the development that sought to prevent the developer from building smaller homes in the development.
  • Successfully litigated office landlord/tenant lease disputes involving tenant improvement buildouts, operating expenses, rent abatements and holdover rent claims in various lawsuits.
  • Successfully litigated real estate easements involving access, parking, use restrictions, and building restrictions in numerous cases.
  • Successfully prosecuted and defended various commercial foreclosure actions and commercial forcible (eviction) actions.
  • Defended state flood plain regulations against a constitutional challenge in the state trial court and on appeal in the state supreme court.

Credentials

Bar Admissions

  • Florida
  • Illinois

Education

  • Loyola University Chicago School of Law, J.D., 1985
  • University of Santa Clara, B.S., 1982

Court Admissions

  • U.S. Supreme Court
  • Illinois Supreme Court
  • U.S. Court of Appeals, Seventh Circuit
  • U.S. District Court, Northern District of Illinois, Trial Bar

Organizations

  • Leadership Council of Heartland Alliances National Center for Immigrant Justice
  • Chicago Bar Association
  • Diversity Scholarship Foundation, Unity Awards Dinner Committee