| Litigator: Yes|
| Practice Description: |
Ed Matushek has defended thousands of complex mass toxic tort and product liability cases, including multi-party personal injury and property damage claims involving asbestos exposure, mold, motorcycle manufacturing and design defects, aviation hull damage, and mechanical press and electrical switch manufacturing defects. He is widely respected for his effective litigation skills and often achieves an early favorable resolution on behalf of his clients as a result. For example, in Cook County asbestos litigation, Mr. Matushek has obtained summary judgment in over 50% of the claims filed against his clients, years before the cases were set for trial. He co-authored the joint defense brief that defeated the motion of all Cook County asbestos plaintiffs for a single consolidated trial.
Mr. Matushek has also demonstrated he is not afraid to try a case where warranted. On behalf of an industrial insulation distributor/contractor, he obtained the only not-guilty jury verdict among several defendants in an asbestos-related product liability trial of a wrongful death case involving lung cancer in central Illinois. He has tried high-profile cases in both Cook and Madison Counties. He also represented an insurance company in a jury trial of a declaratory judgment action brought by a widow for death benefits under a $1,000,000.00 insurance policy. Despite the sympathy displayed toward the plaintiff whose husband died from injuries resulting from a gasoline explosion, Mr. Matushek achieved a Cook County jury verdict in favor of the insurer that had denied coverage.
Mr. Matushek's litigation management skills were also highlighted in obtaining dismissals of all 448 plaintiffs' claims against a client that was targeted by a nationwide screening program; those defense rulings were all upheld on appeal.
Notable Cases and Results:
In addition to jury trials, Mr. Matushek also has extensive appellate experience, including cases of first impression such as McIntosh v. A & M Insulation Co. , 244 Ill. App. 3d 247 (1st Dist.1993) (the first application of the Illinois Construction Statute of Repose defense to asbestos claims against insulation contractors), and Leng v. Celotex Corp. , 196 Ill. App. 3d 647 (1st Dist.1990) (prevention of the application of market share liability to Illinois companies). He was retained as amicus counsel on behalf of an Illinois contractors' association in Krueger v. A.P. Green Refractories, 283 Ill. App. 3d 300 (3rd Dist.1996) (asserting successfully that asbestos-containing insulation products constitute an improvement to real property which is afforded the protection of the construction statute of repose).
1982, U.S. District Court, Northern District of Illinois including Trial Bar
1996, U.S. District Court, District of Arizona
2000, U.S. District Court, Northern District of Indiana
Year of Birth: 1954
Law School: The John Marshall Law School, J.D., 1982
Law School Honors/Involvement: Placed first in the JMLS Moot Court Competition, receiving both the Outstanding Oralist Award and Best Brief Award.
Undergraduate School: Illinois Wesleyan University, B.A., 1975
Bar/Professional Association Involvement:
Mr. Matushek has served on the Board of Managers for the Chicago Bar Association and is past Chair of the CBA's Continuing Legal Education Committee. In 1990, he was Chair of the 11,000-member Young Lawyers Section of the Chicago Bar Association, with responsibility for guiding more than 30 substantive law and service committees. During his tenure, he motivated a team of volunteer lawyers to earn the ABA Award of Achievement for the success of many public service projects. From 1992 to 1998, he served on the Board of Directors of the American Judicature Society. Mr. Matushek is a member of the Illinois Association of Defense Trial Counsel, the Defense Research Institute, the Illinois Bar Association and the American Bar Association's Tort & Insurance Practice and Litigation Sections.
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