Chilton Yambert Porter in the news
Chilton Yambert Porter LLP Participates in Operation Veterans Christmas December 2021
As part of Chilton Yambert Porter LLP's commitment to expanding our corporate social responsibility, the firm recently participated in Operation Veterans Christmas. Chilton Yambert Porter chose this fundraiser as a way to give back to those individuals who have selflessly served our country. Our goal was to assemble care packages for thirty residents of The Adjutant Illinois Veterans Home located in Manteno, IL. Opened in 1986, the Manteno Veterans' Home is located on a 122-acre campus and comprised of five major nursing care units and two ancillary service and support buildings. They provide care for up to 294 Skilled Care and Special Needs Veterans.
With donations and firm matching contributions, the CYP family was able to fill bags containing blankets, made by our administrative staff during a day of service which tied into this fundraising campaign, as well as daily essentials, games, snacks and more for thirty of the veterans! On top of this, the additional monetary donations collected made it possible for every resident to receive a hoodie or a robe.
In addition to the gift giving, there was a parade held on December 12th at the veterans' home. Participants, led by Manteno first responders, drove around the facility as the residents watched the parade from their rooms and common areas of the home. The parade concluded with singing carols to the veterans from the courtyard. While this event had been a constant at the home before COVID, it had been missed.
Jonathan Schmalfeld article featured in Fortune.com August 2021
Jonathan began investing in cryptocurrencies in 2016, and NFT's in 2020. Due to his background in intellectual property litigation and interest in this emerging industry, he started a blog in his free time to discuss the legal implications of this new technology. This blog got the attention of an editor at Fortune magazine, who asked he prepare a piece discussing the copyright implications of NFTs for new investors. This piece was featured as a part of Fortune's larger digital edition on the emerging NFT industry. This article can be read in full here. For more up to the minute posts from Jonathan regarding the NFT industry, follow his blog here.
LARRY CHILTON PRESENTS AT PERRIN CONFERENCE May 2021
Larry Chilton, Managing Partner of Chilton Yambert Porter LLP, presented "Genomic Analysis in Tort Cases - Results from Use of Genomic Analysis in Tort Cases: Creating Change and Driving New Outcomes - Case Specific Results in Benzene (Blood Cancer) And Mesothelioma Cases" at the Perrin Conference's Genomics Conference on May 26, 2021. The virtual event featured a distinguished panel of speakers experienced in the use of Genomics in litigation.
Illinois Appellate Court Reverses Circuit Court Decision Regarding Discretionary Bonu December 2020
Dan Crowe worked a recent Appellate court case, Alvarado v. Illinois Workers' Compensation Commission and Menard, Inc., d/b/a Menards, is an example of the work Dan has been performing for employers for the past forty years. Click here for a summary of the case as well as the outcome of the stellar work provided by Dan to our client.
In the Alvarado case, only one matter was at issue, i.e., whether a bonus Menard's paid to its employee should be included in the calculation of the injured worker's average weekly wage. The literature Menards distributed to its employees was that the bonus was discretionary and did not create a continued right. The arbitrator entered a finding in the petitioner's favor that the bonus was wages and should be included in the calculation of the average weekly wage. The Commission panel on review reversed the arbitrator. The petitioner filed a Circuit court review of the Commission's decision. The Circuit court reversed the commission. Dan then filed an appeal to Workers' Compensation division of the Illinois Appellate Court.
The Alvarado case was a death case. If the Circuit Court's ruling was upheld by the Appellate court, the decedent's average weekly wage would have been increased by $100.00 per week. Over the course of 25 years, this would amount to an increase in payments of $130,000.00; the most cash value of this increase, using a 4% discount rate, would amount to $81,234.92. The stakes in this case were high as the Appellate Court's decision would impact every Illinois employee who received a discretionary bonus.
In his brief and oral argument, Dan pointed out the policy issues and the impact that an affirmation would have on employers and employees. The employer's claim costs would increase dramatically to the extent that employers may end their bonus programs. In addition to the policy issue dan cited cases from several states on the issue of whether discretionary bonuses created contractual employment rights.
In a unanimous decision, the Illinois Appellate Court found Dan's arguments persuasive and reversed the Circuit Court. Illinois employers may not award discretionary bonuses to their employees without worry of increasing their workers' compensation claim costs and employees do not have to worry that their employers will discontinue the bonuses.
This decision probably saved Menards and other companies millions in workers' compensation costs.
This is the type of services that Dan and the Chilton Yambert Porter LLP's workers' compensation team have been providing and will continue to provide our clients.
CITY OF COUNTRYSIDE AND CYP PREVAIL IN SEVEN YEAR PENSION SPIKE LITIGATION February 2019
After seven years of litigation our client, the City of Countryside, has successfully put an end to an illegal police pension spike, saving Countryside taxpayers many millions of dollars. The Illinois Supreme Court declined to hear an appeal of the trial court and appellate court rulings in Countryside's favor, and yesterday the trial Judge, Neil Cohen, issued an Order officially closing the case. Judge Cohen introduced our partner, Kathryn Thomas, to the entire courtroom and said that she obtained one of only two Summary Judgment rulings he issued in 2018. He said that Kathryn "just did everything right."
Larry Chilton to Present at HarrisMartin Conference September 2017
Larry Chilton, Managing Partner of Chilton Yambert Porter LLP, will present "Be Careful What You Wish For: The Practical Implications of a Successful Personal Jurisdiction Challenge" at the HarrisMartin's Benzene Litigation Conference. The event, to be held at Belmond Charleston Place in Charleston, South Carolina, features educational sessions and a networking cocktail reception.
To learn more about this event or to register, click here.
Cellar Advisors LLP v. Sataria Acquisition LLC April 2017
Illinois Jury Verdict Reporter, a division of Law Bulletin Publishing Company, has recognized Chilton Yambert Porter LLP as a winner of one of the Top 100 Verdicts in Illinois for 2016.
The case, Cellar Advisors LLP v. Sataria Acquisition LLC d/b/a Flagship Logistics Group was tried before Judge James B. Zagel in the Northern District Court of Illinois. Jon Yambert and Joe Vallort represented Cellar Advisors, a wine consultant which provided wine collection consulting services.
The dispute began when the insured, Cellar Advisors ("CA") agreed to arrange the relocation of a wine collection owned by a wealthy couple from several locations to one home in Florida. CA contacted Sataria 3 PL ("Sataria") to arrange the shipment of the wine.
CA contends Sataria was told, or should have known, that the wine needed to be transported in a temperature-controlled manner. The wine was not and three truckloads of wine were damaged due to high heat when they were shipped unrefrigerated over the Fourth of July weekend. Plaintiff asked for $538,000.00 in damages.
Sataria contends that it was never told to transport the wine in a refrigerated trailer and also raised affirmative defenses of estoppel and failure to mitigate damages as well as a counterclaim for $9,810.00 in unpaid invoices.
The jury found in favor of CA and awarded the full amount requested.
Counsel for Cellar Advisors LLP were partners Jon Yambert and Joe Vallort.
Jon Yambert selected as one of the Nation's Top Lawyers April 2017
Leading Lawyers has awarded Jon Yambert with the award of being in the Nation's Top Lawyers, based upon a survey of their peers.
Joseph R. Vallort selected as one of the Nation's Top Lawyers April 2017
Leading Lawyers has awarded Joseph R. Vallort with the award of being in the Nation's Top Lawyers, based upon a survey of their peers.
Larry J Chilton selected as one of the Nation's Top Lawyers April 2017
Leading Lawyers has awarded Larry J. Chilton with the award of being in the Nation's Top Lawyers, based upon a survey of their peers. He is also an Advisory Board member to Leading Lawyers.
Judge orders end to police pension-padding tactic used by suburban officers March 2017
On March 28, 2017, Chancery Division Judge Neil H. Cohen granted summary judgment for the City of Countryside ("City") against the Countryside Police Pension Board of Trustees ("Pension Board") and various Individual Defendant retirees ("Individual Defendants") in a case involving fifteen years of improper pension spike payments made to retiring police officers... (click to read more)
Bradley L. Brejcha, Bradley A. Bertkau, and William F. Moore have each been designated an Illinois "Rising Star" which is based upon peer recognition and professional achievement.
Larry J. Chilton, Jon Yambert, Steven B. Novy and Steven Canty have each been designated an Illinois "Super Lawyer" which is based upon peer recognition and professional achievement.
Larry J. Chilton, Jon Yambert, Bill Porter, Sharon M. Peart, Daniel T. Crowe, Robert J. Metts, Steven B. Novy, Todd B. Tarter, and Joseph R. Vallort have each been designated a "Leading Lawyer" by the Leading Lawyer's Network, which is based upon a survey of lawyers.
Bradley L. Brejcha, Bradley A. Bertkau, Laura P. Gordon, William F. Moore, and Richard M. Tomich have each been designated an 'Emerging Lawyer' by the Leading Lawyer's Network, which is based upon a survey of lawyers.
Modern Counsel Magazine spoke with Partner Brad Brejcha regarding what it takes to get ahead.
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