Reported and Representative Cases

• In Re: RC2 Corp. Toy Lead Paint Products Liability Litigation
  Defended publicly traded toy company in 23 class action cases in federal and state courts alleging products liability and consumer fraud claims arising from a recall of wooden toys allegedly containing excess lead in surface paint. Successfully resolved all 23 cases in one global settlement reached within 15 months of the filing of the first case. Also represented and advised company in related regulatory inquiries by state Attorney Generals, Proposition 65 litigation filed in State of California, inquiries by federal elected officials and in settlement with the CPSC.
• FCRA/FACTA Class Action Litigation – Credit Card Receipts
  Represented major healthcare system, national restaurant chains, regional shoe store chain, regional grocery chain and restaurants and retailers in class action litigation arising under FACTA amendments to FCRA alleging defendants violated FCRA by printing more than last 5 digits of credit or debit card numbers or card expiration date on electronically printed receipts. Presently representing major Chicago health care system in FACTA class action litigation.
• FCRA Prescreening Class Action Litigation
  Defended multiple clients including lenders and insurers in class action litigation under the Fair Credit Reporting Act alleging that defendants violated the Act by accessing credit reports of the class for the purpose of selecting persons to whom to send solicitations. The claim in these actions is that the solicitation which is made to the class members does not constitute a firm offer of credit or insurance and therefore the defendant did not have a permissible purpose for accessing the class’s credit reports in a prescreen. Statutory damages under the FCRA are $100 to $1,000 per violation.
• EFTA ATM Notice Class Action Litigation
  Successfully defended several financial institutions and other businesses in EFTA ATM notice class action litigation alleging defendants failed to comply with notice requirements under Electronic Funds Transfer Act which require ATM operators to post a notice on the ATM advising of transaction fees.
• TCPA Unsolicited Fax Ad Class Action Litigation
  Mr. Murphy has been involved in the defense of TCPA unsolicited fax class action litigation since its outbreak in Illinois in March 2002. The TCPA generally prohibits the transmission of unsolicited fax ads and provides for a statutory penalty of $500 per unsolicited fax which may be trebled. Mr. Murphy has successfully defended clients ranging from large corporations such as SBC, Hotels.com LP, New Century Mortgage, Fuji Photo Film USA, Lucas Group, Thomasville Furniture Industries and Oceania Cruises, to small family owned businesses in over 80 TCPA unsolicited fax ad class actions. He has written several Client Bulletins on TCPA unsolicited fax class action litigation.
• TCPA Text Messaging and Pre-Recorded Calls Class Action Litigation
  Defended clients in TCPA class actions alleging violations of the Telephone Consumer Protection Act by sending text messages and pre-recorded calls to cell phones. Achieved dismissal of TCPA prerecorded call class action by making settlement offer which mooted plaintiff's claim. See: Martin v. PPP, Inc. and Fidelity Communications Corp., No. 10 C 140, 2010 U.S. Dist. LEXIS 63192 (N.D. Ill. June 25, 2010). Obtained dismissal of TCPA text messaging class action by making settlement offer which mooted plaintiff's claim. See: Damasco v. Clearwire Corporation, No. 10 CV 3063, 2010 U.S. Dist. LEXIS 91151 (N.D. Ill. Sept. 2, 2010), affd. 662 F.3d 891 (7th Cir. 2011).
• Equal Credit Opportunity Act Class Action Litigation
  Successfully defended publicly traded energy holding company and two of its operating subsidiaries in class action litigation alleging billing practices violated Equal Credit Opportunity Act. Obtained dismissal of complaint. See: Farmer v. Illinois Power Co., Central Illinois Public Service Co. and Ameren Corp. , No. 09-725-DRH, 2010 U.S. Dist. LEXIS 37057 (S.D. Ill. Apr. 14, 2010).
• Consumer Class Action Litigation
  Represented corporate clients in consumer class action litigation alleging wide variety of claims challenging business practices under state consumer protection statutes. Examples include the following: Representation of large publicly traded toy company in consumer fraud class action alleging its change of warranty policy and alleged refusal to honor lifetime warranties violated state consumer fraud act. Representation of large poultry producer in consumer fraud class action alleging it stuffed excess chicken giblets into whole chickens to dispose of giblets and increased the cost to consumers. See: Nieto v. Perdue Farms Inc. , No. 08 CV 7399, 2010 U.S. Dist. LEXIS 25256 (N.D. Ill. March 17, 2010).
• Consumer Class Action Litigation – Alleged Toxic Products
  In addition to representing RC2 Corporation in the Thomas the Tank Engine Toy Lead Paint Litigation described above, Mr. Murphy has also represented RC2 and its subsidiary Learning Curve Brands in consumer class action litigation alleging violations of state consumer protection acts arising from the alleged presence of toxic substances in consumer products such as allegations of lead in vinyl storage bags for breast pumps and Bisphenol A or BPA in baby bottles. Represented toy manufacturer in Proposition 65 litigation alleging lead in surface paint on toys and in settlement with the CPSC over violations of Consumer Product Safety Act.
• Securities Fraud Class Action - Mittleman v. Kilrea, et al. , No. 02 C 270 (USDC ND Ill.)
  Represented former CFO of HA-LO in securities fraud class action filed by Milberg Weiss alleging defendants made materially false statements and omissions with respect to performance of company and regarding acquisition made by company. Case settled.
• Securities Fraud Class Action - Market Street Securities v. Racing Champions, et al. , No. 00 C 3267 (USDC ND Ill.)
  Represented Racing Champions (n/k/a RC2 Corporation (NASDAQ: RCRC)) and its officers in securities fraud class action filed by Milberg Weiss alleging defendants made materially false statements and omissions. Negotiated favorable settlement for defendants.
• ERISA Class Action Litigation – Sintich v Health Care Services Corp and Peoples Energy Medical and Dental Plan, No. 08 CV 4360 (USDC ND Ill.)
  Representing large Chicago public utility company in ERISA class action litigation over health care plan benefits determination issues. Successfully reached favorable settlement of case.
• Tax Litigation - Dods v. Brian Hamer as Director of the Illinois Dept. of Revenue, et al. , No. 07 L 50695 (Cook County, IL)
  Successfully represented individual taxpayers in litigation filed against Illinois Department of Revenue challenging administrative decision by IDOR that clients were residents of Illinois and subject to Illinois income tax. Client was former CEO of Chicago area company who retired and moved to FL but retained his Illinois home. IDOR asserted that client remained an IL resident and issued notice of tax deficiency and penalty for approximately $600,000. Filed action on behalf of client under IL Protest Act challenging administrative determination by IDOR. On August 24, 2009 trial court ruled in favor of our clients finding they were FL residents and not subject to Illinois income tax. IDOR appealed and we successfully represented clients on appeal. Illinois Appellate Court issued order on August 19, 2010 affirming decision by trial court that clients were not IL residents and were not subject to income tax.
• People of the State of Illinois v. Sprint Corp. , No. 00 CH 00339 (Circuit Court of Cook County, IL)
  Represented Sprint Corporation in an investigation and litigation led by the Illinois Attorney General and joined by 22 other State Attorney Generals and the District of Columbia alleging that Sprint’s advertising for long distance rates was deceptive and violated state consumer protection acts. I successfully negotiated a settlement in the form of an Assurance of Voluntary Compliance with the 23 states and the District of Columbia to resolve the dispute.
• Conseco Entertainment, LLC v. Hon. Daniel J. Stack, Judge of the Circuit Court of Madison County, Illinois Supreme Court No. 90428
  Represented Conseco Entertainment, a subsidiary of Conseco, in litigation involving the sale of its interest in a river boat casino in which Argosy Gaming had a controlling interest. A dispute arose on valuation issues and Conseco Entertainment initiated an action against Argosy in Indiana. Argosy then initiated an action against Conseco Entertainment in Madison County, Illinois, The Indiana Gaming Company v. Conseco Entertainment, No. 00-MR-411, and obtained an injunction prohibiting Conseco Entertainment from pursuing the litigation it previously filed in state court in Indiana. Rather than appeal the entry of this injunction to the Illinois Appellate Court, we sought a supervisory order from the Illinois Supreme Court directing the trial court to vacate the injunction. We successfully obtained a supervisory order from the Illinois Supreme Court vacating the injunction which ultimately led to a favorable settlement of the matter with Argosy under which Conseco Entertainment received $260 million for its interest in the river boat casino.
• Kozubik v. Capital Fitness, Inc. , No. 04 CH 627 (Circuit Court of Cook County, IL)
  Represented large privately held Chicago area operator of fitness centers in consumer fraud class action alleging contracts for membership and personal training violated Illinois Physical Fitness Services Act. Negotiated coupon-based settlement agreement to resolve the case.
• Cioe v. Lycos, No. 02 CH 2146 (Circuit Court of Cook County, Illinois)
  Represented Lycos d/b/a Matchmaker in class action filed by Illinois subscribers to Matchmaker dating service alleging subscription agreements violate Illinois Dating Referral Services Act. Negotiated coupon based settlement to resolve case.
• State of Alabama, et al. v. Trans Union, No. 92 C 7101 (USDC ND Ill.)
  Represented Trans Union in investigation and litigation by working group of 17 State Attorney Generals led by Illinois Attorney General’s Office regarding accuracy of credit reports. The Attorney Generals of 17 states filed suit against Trans Union alleging that it violated the Fair Credit Reporting Act by failing to maintain procedures to keep accurate credit reports. I was instrumental in negotiating a settlement and consent judgment with the Attorney Generals of 17 states to resolve the case for Trans Union. The consent judgment provided for free annual credit reports and was the genesis of this policy which remains in effect today.
• Wernikoff v. Kinko’s Inc. , No. 02 CH 8118 (Circuit Court of Cook County, IL)
  Represented one of nation’s leading copy services in consumer class action litigation alleging that Kinko’s improperly charged a higher sales tax rate than allowed under Illinois law at self-service copy machines in its Illinois store. Claims brought under Illinois Consumer Fraud Act and Illinois common law on behalf of a putative class of Kinko’s Illinois customers. I successfully negotiated a settlement resolving the matter prior to class certification.
• Molnar v. Conseco Medical Insurance Co. , No. 02 L 8022 (Circuit Court of Cook County, IL)
  Represented a Conseco company in litigation over exclusion in health policy. Parties filed cross motions for summary judgment and Judge Nudelman issued decision holding exclusion was vague and did not exclude coverage for condition. We appealed the decision and the Illinois Appellate Court reversed holding the exclusion in the policy barred coverage for plaintiff’s condition. Decision reported at: Molnar v. Conseco Medical Ins. Co. , 830 N.E.2d 800 (June 9, 2005).
• Kumar v. Bornstein and Gardner, Carton & Douglas, No. 2003 L 411 (Cir. Ct. DuPage County)
  Represented Gardner Carton (the firm in which I was a former partner) and one of its former partners in an abuse of process claim. Motions to dismiss the complaint and subsequent amended complaint were granted. Plaintiff appealed and I represented defendants on appeal. Illinois appellate court affirmed dismissal. Kumar v. Bornstein and Gardner, Carton & Douglas, 820 N.E.2d 1167 (Ill. App. 2004).
• Nysete v. GTC Telecom, Inc. , No. 02 CH 8118 (Circuit Court of Cook County, IL)
  Represented national reseller of communications services in consumer class action alleging GTC overcharged its customers for Peripheral Interexchange Connection Charge. Case settled prior to class certification.
• Kareem Faheem-El v. Franzen, No. 79-2273 (USDC CD Ill.)
  Section 1983 class action brought by members of El Rukn gang alleging Director of Illinois Department of Corrections and other IDOC officials violated their 1st Amendment rights as the IDOC refused to recognize the El Rukns as a religion. Represented the Director of the IDOC and other IDOC officials. Case tried before Judge Harold Baker who found for all defendants. Case reported at 657 F.Supp. 638.
• Evelyn Rugg v. Bankers Life & Casualty, No. 00 C 6535 (USDC ND Ill.)
  Represented Bankers Life in class action filed by class of policy holders who purchased universal life policies from Bankers Life alleging deceptive sales claims and claims for breach of contract. Case settled.
• Ruemann v. Village of Palos Park, et al. , No. 91 C 8355 (USDC ND Ill.)
  Represented Aurelia Pucinski, Clerk of the Circuit Court of Cook County, in Section 1983 class action brought against government and court officials alleging failure to properly process and remove revoked warrants from court’s computer system violated constitutional rights of class. Motion to dismiss Aurelia Pucinski was granted. Case reported at 842 F. Supp. 1043.
• Caudle v. Risk Management Alternatives, No. 02 C 8368 (USDC ND Ill.)
  Represented collection agency in class action alleging violations of Truth in Lending Act and Fair Debt Collection Practices Act. Negotiated favorable settlement to resolve matter resulting in dismissal of case at no cost to Defendant.
• Meriter Health Insurance v. Employers Insurance of Wausau, Private Arbitration
  Represented Meriter Health Insurance in dispute involving reserves on transfer of health business to Wausau under Assumption Reinsurance and Service Agreement. Obtained judgment from arbitrator for $862,915 for Meriter.
• In re: Petition of Edward Hospital District to Dissolve District, No. 00 CH 1040 (DuPage County)
  Represented Edward Hospital District, a statutory tax district created by the legislature to fund a regional medical center, Edward Hospital, in petition in Chancery Court to dissolve itself for lack of necessity. Judge Byrne granted petition to dissolve district.
• Springfield Clinic, LLP v. Trustmark Insurance Company, No. AAA 51 195 00013 99
  Represented Springfield Clinic in AAA arbitration proceeding before Arbitrator John Noel, in action seeking to recover amounts due to it under Stop Loss Policy issued by Trustmark concerning Springfield Clinic’s self-insured employee health plan. Obtained summary judgment in an arbitration proceeding in favor of Springfield Clinic resulting in award of approximately $550,000.
• Praxair, Inc. v. Hinshaw & Culbertson, No. 97 C 3079 (USDC N.D. Ill.)
  Represented Hinshaw & Culbertson in legal malpractice action filed against firm arising from its defense of Praxair in a breach of contract action arising from an interest rate swap agreement involving effective date of exercise of an option. Judge Anderson granted our motion for summary judgment in favor of Hinshaw. Decision affirmed on appeal (235 F.3d 1028).
• Sunrise Leasing Corporation v. Kenneth Zender as Director of Ill. Dept of Revenue, 95 MR 289 (Sangamon County)
  Represented leasing company in administrative review action seeking to overturn administrative decision by IDOR that cash registers stored in warehouse in IL were subject to IL use tax. Obtained decision reversing in large part IDOR’s finding and eliminating penalties and interest.
• Walker v. Rowe, No. 80 C 5310 (USDC N.D. Ill.)
  Defended Director of IL Dept. of Corrections, Warden and Asst. Wardens of Pontiac Correctional Center in Section 1983 action involving July 22, 1978 riot at Pontiac Correctional Center in which three correctional officers were murdered and three others were severely injured by rioting inmates. Guards and their estates sued defendants claiming substantive due process violation in that defendants failed to provide them with safe workplace and failed to take adequate steps to quell riot and come to their assistance. Served as lead defense counsel on team. Jury returned total verdict of $765,000 for all plaintiffs. Handled appeal of case to Seventh Circuit which resulted in outright reversal. (791 F.2d 507).
• Learning Curve v Anchor Bay Entertainment, No. 2008 L 228 (DuPage County, IL)
  Represented subsidiary of publicly traded toy company in litigation to collect significant receivable and counter claim alleging that recall of certain toys made by client damaged defendant's business. Achieved favorable settlement of matter for client and dismissal of counterclaims.

• Mauthe v. Spreemo, Inc., 2019 WL 342715 (E.D.Penn. Jan. 28, 2019)
• Craftwood Lumber Co. v. Horizon Glob. Corp., No. 1:17-CV-7024, 2018 WL 6920394 (N.D. Ill. Apr. 12, 2018)
• A Custom Heating & Air Conditioning, Inc. v. Kabbage, Inc., 2018 WL 488257 (N.D. Ill. Jan. 18, 2018)
• A Custom Heating & Air Conditioning, Inc. v. Kabbage et al., 2017 WL 2619144 (N.D.Ill. June 16, 2017)
• Freyja v. Dun & Bradstreet, Inc., 2015 WL 6163590 (C.D.Cal. Oct. 14, 2015)
• Damasco v. Clearwire Corporation, No. 10 CV 3063, 2010 U.S. Dist LEXIS 91151 (N.D. Ill. Sept. 2, 2010) affd. 662 F.3d 891 (7th Cir. 2011)
• In re: Bisphenol-A (BPA) Polycarbonate Plastic Products Liability Litigation, 276 F.R.D. 336 (W.D. Mo. 2011)
• Martin v. PPP, Inc. and Fidelity Communications Corp., 719 F. Supp. 2d 967 (N.D. Ill. 2010)
• Farmer v. Illinois Power Co., Central Illinois Public Service Co. and Ameren Corp., No. 09-725-DRH, 2010 U.S. Dist. LEXIS 37057 (S.D. Ill. Apr. 14, 2010)
• Nieto v. Perdue Farms Inc., No. 08 CV 7399, 2010 U.S. Dist. LEXIS 25256 (N.D. Ill. March 17, 2010)
• In re RC2 Corp. Toy Lead Paint Products Liability Litigation, No. 07 CV 7184, MDL No. 1893, 2008 U.S. Dist. Lexis 14121 (ND Ill. Feb. 20, 2008)
• In re RC2 Corp. Toy Lead Paint Products Liability Litigation, 528 F. Supp.2d 1374 (JPML Dec. 19 2007)
• Ramos v. Playtex Products, Inc., RC2 Corporation, Learning Curve Brands, Inc., and Medela, Inc., Nos. 08 CV 2703, No. 08 CV 2828, No. 08 CV 3352, 2008 U.S. Dist. LEXIS 75957 (N.D. Ill. Aug. 27, 2008)
• Molnar v. Conseco Medical Ins. Co., 830 N.E.2d 800 (Ill. App. 1st Dist. 2005)
• Kumar v. Bornstein and Gardner, Carton & Douglas, 820 N.E.2d 1167 (Ill. App. Ct. 2d Dist. 2004) rehearing denied 2005 Ill. App. Lexis 12 (1/12/05)
• Keystone Consol. Ind. v. Conseco Medical Ins. Co., No. 02 C 0755, 2004 U.S. Dist. Lexis 6145 (N.D. Ill. 4/12/04)
• Chicago Dist. Council of Carpenters Pension Fund, et al. v. R.G. Construction Services, Inc., No. 01 C 3976, 2002 U.S. Dist Lexis 21011 (USDC ND IL 10/28/02)
• Construction Consulting v. Gersten Financial & Insurance, No. 02 C 3322, 2002 U.S. Dist LEXIS 11669 (USDC ND IL 6/27/02)
• Market Street Securities v. Racing Champions, No. 00 C 3267, 2000 U.S. Dist. Lexis 19103 (USDC ND IL 11/20/00)
• Christakos v. Intercounty Title Company, 196 F.R.D. 496 (ND Ill. 2000)
• Vasa North Atlantic Insurance Company v. Stephen F. Selcke, Director of the Illinois Dept. of Insurance, 261 Ill.App.3d 626, 633 N.E.2d 865 (1st Dist. 1994)
• Ruehman v. Village of Palos Park, 842 F. Supp. 1043 (N.D. IL 1993)
• College Craft Companies v. Perry, 889 F. Supp. 1052 (N.D. IL 1995)
• Walker v. Rowe, 791 F.2d 507 (7th Cir. 1986), cert. denied 107 S. Ct. 597 (1986)
• Williams v. Leach, 938 F.2d 769 (7th Cir. 1991)
• Bogan v. Stroud, 958 F.2d 180 (7th Cir. 1992)
• Sparks Tune-Up Ctrs, Inc. v. Strong, No. 92 C 5902, 1995 U.S. Dist. Lexis 4459 (N.D. IL 1995)
• Liberty Mutual Insurance Co. v. JES Personnel Consultants, Inc. , No. 95 C 4470, 1995 U.S. Dist. Lexis 16205 (N.D. IL 1996)
• Henderson v. Bradford, 168 Ill.App.3d 777, 523 N.E.2d 64 (1st Dist. 1988)
• Ryan v. Cosentino, 776 F. Supp. 386 (N.D. IL 1991)
• Horbach v. Kaczmarek, 934 F. Supp. 981 (N.D. IL 1996)
• Williams v. State Board of Elections, 718 F. Supp. 386 (N.D. IL 1991)
• Smith v. Chrans, 629 F. Supp. 606 (C.D. IL 1986)
• Norman v. Johnson, 739 F. Supp. 1182 (N.D. IL 1990)
• Kareem Faheem-El v. Lane, 657 F. Supp. 638 (C.D. IL 1986)

Selected Experience

• Assistant Cook County, Illinois State’s Attorney (1982)
• Assistant Illinois Attorney General – Sr. Trial Attorney, General Law Division (1982-1991)
• Gardner, Carton & Douglas – Partner, Litigation & Public Law Practice Groups (1991-2002)
• Wildman Harrold Allen & Dixon LLP – Partner, Litigation and Govt. Affairs (2002-2007)