Edward M. Kay
Partner
Edward M. Kay is a senior partner and director of Clausen Miller P.C., serving on its 10-member Board of Directors. Mr. Kay co-chairs Clausen's Appellate Practice Group along with his senior partner, Ms. Melinda Kollross.
Mr. Kay is a nationally recognized post-trial and appellate specialist who has prosecuted over 300 appeals throughout the United States at all state and federal appellate court levels. Mr. Kay is routinely retained as appellate counsel following the bad verdict to either rehabilitate the case via appeal or leverage out a favorable defense settlement. Some examples of Mr. Kay’s work: Turner v. Williams, 762 N.E.2d 70 (Ill. App. 2001) reversing and remanding for a new trial a $5.8 million verdict; Siler v. Montague Associates, 652 N.Y.S.2d 315 (N.Y.A.D. 1997) reversing on liability and remanding for an apportionment of fault between negligent and intentional tortfeasors; Williams v. Browning Ferris, 93-L-4590 (Circuit Court of Cook County) plaintiff persuaded to settle $6 million wrongful death verdict for $3 million during post-trial briefing.
Mr. Kay has also developed a “litigation triage” practice for clients facing difficult trials or plaintiffs making unreasonable policy limit demands. Mr. Kay’s skills at oral and written advocacy are used by clients to “soften up” plaintiffs prior to trial to make them more receptive to settlement on defense terms. Moreover, Mr. Kay’s work during all phases of a trial in preparing motions for a judgment as a matter of law, motions in limine and for directed verdict, and jury instructions are essential for laying the necessary groundwork for a successful appeal.
Mr. Kay is a fellow in the prestigious American Academy of Appellate Lawyers, founded in 1990 to advance the highest standards and practices of appellate advocacy and recognize outstanding appellate lawyers. Academy membership is restricted to a person who possesses a reputation of distinction as an appellate lawyer.
Mr. Kay is AV rated by Martindale-Hubbell. Mr. Kay’s AV rating is a reflection of his expertise, experience, integrity and overall professional excellence. The AV rating is only given to attorneys with preeminent legal ability. Mr. Kay has a winning record in appeals, he has argued before the Illinois Supreme Court and he has been named as an “Illinois Leading Lawyer” in appellate work by a vote of other attorneys as being in the top 5% of Illinois lawyers.
Mr. Kay earned a B.A. from Loyola University in Chicago in 1974. Mr. Kay obtained his J.D. from Northern Illinois University School of Law in 1979. Upon graduation from law school, Mr. Kay served for eight years as an Assistant Attorney General in the Civil Appeals Division of the Illinois Attorney General’s Office.
Mr. Kay joined Clausen Miller in 1987 and has briefed and orally argued cases in all Clausen Miller P.C. Practice Group areas. Mr. Kay has been a frequent guest lecturer on various topics regarding civil defense and litigation issues.
Mr. Kay is admitted to practice before the Illinois Supreme Court, the United States Supreme Court, the Federal Courts of Appeals for the First, Second, Third, Fifth, Sixth, Seventh, Eighth, Ninth, Tenth and Eleventh Circuits and the District Court for the Northern District of Illinois.
Mr. Kay is a member of the Appellate Lawyers Association and served as a Director for the 1993/1995 term. Mr. Kay is also a member of the Illinois Association of Defense Trial Counsel, and the Seventh Circuit Bar Association.
Education
- J.D. Northern Illinois University College of Law, 1979
- B.A. Loyola University, 1974
Bar Admissions
- Illinois
Court Admissions
- U.S. Supreme Court
- U.S. Court of Appeals, First, Second, Third, Fifth, Sixth, Seventh, Eighth, Ninth, Tenth and Eleventh Circuits
- District Court of the Northern District of Illinois
Organization Affiliations
- American Academy of Appellate Lawyers
- Illinois Appellate Lawyers Association
- Illinois Association of Defense Trial Counsel
- Seventh Circuit Bar Association
View this attorney's Reported Decisions, Verdicts and Judgments.
