John A. Simon

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

About

John A. Simon applies his 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 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 U.S. Supreme Court, the Illinois Supreme Court, 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; construction clients in litigation with contractors; and corporations 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 false claims actions.

John served for seven years in the Office of the Illinois 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. Curry 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) (dismissed on appeal)
  • 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) (brief)
  • 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-U
  • 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 & Elden, LLC Appeal No. 1-11-0718 (settled on appeal)
  • People ex rel IDOT v. City of Chicago and Chicago Park District, 1st Dist. Docket No. 1-96-3410 (settled on appeal)
  • Palos Community Hospital v. Advocate Healthcare et al., 1st Dist. Docket No. 1-16-1857 (appeal dismissed)
  • 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 $35 million.
  • Defended state hazardous waste crane operators and laborers licensing acts in the district court, Seventh Circuit and the United States Supreme Court against OSHA preemption challenge.
  • 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 violations over drug pricing.
  • Represented online retailers in consumer fraud class action and false claims act litigation over collection of state sales tax.
  • Secured defense judgment for medical 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.
  • 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 regarding 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 actions in state administrative proceedings.
  • Represented printer in environmental enforcement action in state administrative proceeding.
  • Represented aluminum flake and powder manufacturer on administrative review of state environmental enforcement action.
  • 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 owner in construct defect claim against general contractor and subcontractor for defective.
  • Successfully defended mechanics’ lien and breach of contract claims on behalf of owner.
  • Defended insulation, fireproofing and drywall subcontractor in three-week jury trial.
  • Obtained a $31 million just compensation jury award for client in condemnation action; twice the pretrial offer of the condemnor.
  • 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, enhancing value of remainder property.
  • Obtained valuable highway access rights for commercial property owner in IDOT condemnation settlement.
  • Recovered approximately $1.4 million in attorneys’ fees and experts’ fees following government abandonment of condemnation after jury award.
  • Litigated takings challenge to state flood plain regulations.
  • Successfully defended latex glove manufacturer in complex multi-state, multi-district latex glove products liability litigation involving hundreds of lawsuits across the country.
  • Extricated foreign purchasers of assets of a 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.
  • 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 and obtained dismissal of a lawsuit seeking to halt ongoing building façade restoration on Chicago landmark building brought by commercial tenant.
  • Defeated a lawsuit against a residential builder brought by subdivision homeowners alleging breach of recorded declaration.
  • 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.

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

Organizations

  • Leadership Council of National Immigrant Justice Center
  • Appellate Lawyers Association
  • Chicago Bar Association
  • Diversity Scholarship Foundation, Unity Awards Dinner Committee