Automobile, Premises and Third-Party Liability
Bankruptcy and Creditors’ Rights
Construction Litigation
Employment Law, including Retaliatory Discharge, Age/Sex and ADA Discrimination Claims
Insurance Coverage and Declaratory Judgment Litigation
Medical Negligence, Nursing Home and Health Care
Product Liability, including Manufacturers' and Distributors' Liability and Medical Device Litigation
Professional Liability, including Legal Negligence, and Brokers', Lenders' and Architects' Errors and Omissions
Fraud/Bad Faith/First Party Defense
Toxic Tort and Environmental Liability
Trademark and Advertising Injury
Transportation Law
Truth in Lending, Consumer Protection, Equal Credit Opportunity and Fair Debt Collection
Workers' Compensation
Medicare Set-Asides & Custodial Medical Accounts

Other areas of practice include:

• Director's and Officers' Errors and Omissions Liability
• Health Care, including the defense of Medical Negligence matters, Peer Review Representation, Utilization Review and Compliance and Contract Negotiations for Professionals
• Interstate Carrier Liability
  

Automobile, Premises and Third-Party Liability

The bulk of all litigated matters arises out of automobile and premises liability personal injury claims. We expeditiously move such claims to prompt resolution by aggressive investigation and prompt evaluation. We take to trial or utilize alternate dispute resolution in dozens of such claims every year with proven success at moderate cost. The litigation management tools we have developed to control costs while providing an aggressive defense have proven successful to our law firm and to our clients.

We also represent several major hotel chains, real estate management firms and truck, bus and railroad companies. We are often called upon to defend common carriers in cases involving criminal and sexual assaults upon guests and passengers. We appreciate the client's need for positive public relations and work diligently to incorporate our clients' business needs to our trial strategy.
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Our law firm represents creditors in collection matters, including bankruptcy collection and insurance subrogation. We often develop creative alternative billing arrangements for such matters and keep costs in line with amounts recovered. We can handle such matters in state, federal and bankruptcy courts regionally and nationally, since court appearances are rarely required.
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Construction litigation is often a source of confusion for the construction industry. Kopka, Pinkus, Dolin & Eads has a select group of attorneys who concentrate on construction litigation defense, with developed strategies to defeat or limit exposure in such claims. We represent architects, engineers, contractors, builders and sub-contractors in construction litigation ranging from small injuries to wrongful death.
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The Americans with Disabilities Act, retaliatory discharge, sexual harassment, and age, racial, sexual and many other forms of discrimination are but a few of the complex, diverse and expensive issues facing the employer in today's society. Our attorneys have substantial experience in evaluating and defending these claims on behalf of employers and insurance carriers before administrative judges and juries.

Our employment law department works as a team with the employer and insurance carrier in reducing the costs associated with employee labor claims. We quickly and efficiently resolve lawsuits and claims at an early stage or litigate from the trial through the appellate stage.

We also work closely with many companies and carriers in investigating claims during the early stages before litigation is pursued to reduce the potential exposure and associated legal costs.

We regularly develop employment guidelines and policies consistent with each employer's needs and the requirements of applicable state and federal laws. We help companies prepare employee manuals, disciplinary policies and other written guidelines important in the employment setting. We also regularly conduct presentations to management on the changing state of the law regarding employment rules and regulations.
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At Kopka, Pinkus, Dolin & Eads, we have extensive experience representing insurers in coverage and declaratory judgment litigation. We represent insurers as regional counsel for bad faith, extra-contractual and environmental coverage litigation. We also represent property and casualty insurers in declaratory judgment litigation arising out of "care, custody and control", "business risk" and "intentional acts" exclusions, as well as life and health insurers in litigation over coverage.

We also provide coverage opinions and help insurance carriers avoid bad faith of extra-contractual exposure. Our coverage evaluations are independent and honest, with our first priority being the insurance carrier's legal obligation to its insured. Where appropriate, we can assist in the preparation of reservation of rights letters or negotiate resolution of coverage disputes with insureds or with other insurance carriers.
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Our medical malpractice and health care attorneys defend nurses, physical therapists, occupational therapists, chiropractors, physicians, clinics, hospitals, laboratories and nursing homes. Our experience extends to practically every medical specialty. Our defense of psychologists and psychiatrists have included prescription drug issues, suicide and sexual assault. We also defend nursing homes under applicable state statutes and have developed a working knowledge of the issues facing nursing homes in the care and handling of nursing home residents.
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Our product liability and manufacturers' negligence attorneys defend manufacturers and distributors of diverse products nationwide. We have achieved success as national trial counsel for one of the nation's leading manufacturers of hospitality furniture and dance floors and for a leading manufacturer of baked goods. We also monitor cases involving huge exposure for excess insurers. Our attorneys also speak to trade associations and manufacturing groups on ways to reduce litigation risks and avoid lawsuits. We believe that by protecting our clients from such risks, we help build strong relationships and profitable companies.
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Our professional negligence group focuses attention on non-medical professional negligence matters involving professions such as attorneys, insurance brokers and agents and real estate brokers and agents. We work with the professional involved, helping to establish a concentrated effort to evaluate promptly whether any negligence occurred and whether the negligence had an adverse impact in the underlying matter.
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Our attorneys work in close cooperation with our clients' special investigation units to uncover insurance fraud and either prosecute civil suits against the perpetrators of such fraud or defend against fraudulent claims. We have experience uncovering fraud in property, casualty, workers' compensation, health and life insurance claims, and we believe in taking a very aggressive stance against all fraudulent claimants. We have successfully defended against fraudulent theft and arson lawsuits as well as wrongful claims for bad faith claims handling.
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Our toxic, chemical tort and environmental liability group includes attorneys experienced in a wide variety of litigation. We handle cases involving alleged carcinogens and a host of other toxic fibers, chemical and drugs. We represent manufacturers of industrial paints and solvents, pesticides, silica flour and asbestos-containing products. We represent landlords in lead poisoning cases and manufacturing of products which incorporate or produce toxic agents.

We have successfully defended against "junk science" claims and we have experience defeating such theories by appropriate pre-trial motions. We also have experience defending novel theories of damages, including chemically induced AIDS, fear of contracting cancer in the future and recovery for medial monitoring. Our toxic tort attorneys are members of numerous insurance company-approved panels for this area of litigation.

We also represent litigants in cases arising out of environmental issues, including Superfund clean-up, and litigation arising out of insurance coverage related to such matters. The firm also acts as monitoring counsel for insurance and self-insured companies in environmental litigation.
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A greater number of primary and excess commercial insurers are covering claims for trademark and advertising injury, yet few insurance defense firms have experience in these multi-faceted claims. We currently represent insurers and corporations in the defense of alleged trademark infringement suits filed in federal courts which seek not only monetary damages, but injunctive relief as well.
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Transportation Law

We represent railroads, interstate and intrastate carriers, interstate and international freight forwarders, warehousemen and bailees and insurers in a variety of litigation arising out of various modes of transportation and storage of freight throughout our nation. Kopka, Pinkus, Dolin & Eads also represents over-the-road interstate and intrastate carriers in personal injury, automobile collision, workers' compensation and cargo damage cases.
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This practice area represents sellers and creditors in matters arising out of various state and federal statutes and rules relating to sales financing, collection and related consumer matters. We represent appliance and furniture dealers, consumer finance companies and automobile dealers.
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A dedicated group of attorneys specializing in the practice of workers' compensation defense vigorously protects and rights of employers throughout Illinois, Indiana and Michigan. Our attorneys are committed to delivering the highest quality of legal representation for the employer, whether covered by insurance, self-administered, or managed through a third-party administrator, while being mindful of the economic realities of workers' compensation matters.

Our firm has substantial trial experience from administrative hearings through the state supreme courts. We are very experienced in litigating all forms of complex workers' compensation claims including reflex sympathetic dystrophy, heart attack, stress, hearing loss, psychological and occupational disease claims.

We offer seminars free of charge to any company seeking information on any aspect of workers' compensation. We work closely with employers and their representatives to counsel on loss prevention techniques and strategies for dealing with the "difficult employee".

We also utilize, wherever possible, innovative and cost-effective means of case resolution, including settlement packages which can involve employee resignations coupled with a full civil liability release.

Our firm philosophy of never representing a personal injury plaintiff or an employee in workers' compensation matters has created a firm reputation in the legal community of being a dedicated defense advocate for the employer.

Kopka, Pinkus, Dolin & Eads provides legal services with a client-oriented point of view. Our firm has over fifty attorneys in Illinois (Chicago, Vernon Hills); Indiana (Indianapolis, Crown Point, Mishawaka); and Michigan (Detroit). From these offices, and our networked computer facilities, we serve clients on local, regional and national bases.
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Medicare Set-Asides & Custodial Medical Accounts

We also have experience involving settlements with Medicare, which require "Medical Set-Aside Agreements" and the use of "Custodial Medical Accounts". Currently, Joseph Forte in our Mishawaka office specializes in this area, and supervises attorneys firm wide.
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