Kimbley A. Kearney

Partner

Kimbley Kearney is a senior partner with Clausen Miller P.C. who has successfully litigated cases involving ocean marine casualty and property loss, class actions, mass toxic tort, employment discrimination, catastrophic personal injury, insurance coverage and commercial disputes in numerous jurisdictions in the United States.  Ms. Kearney is a Proctor in Admiralty and Chairs the firm's Admiralty and Maritime Practice Group.  She is also a senior member of the firm's Appellate Practice Group.  Ms. Kearney has trained at the prestigious Straus Institute for Dispute Resolution at the Pepperdine University School of Law and is an experienced mediator.   She is a member of the Board of Directors of the Maritime Law Association of the United States.

Ms. Kearney has litigated appeals in all areas of the firm's practice.  Her successes include Domar v. M/V Andrew Martin, in which she persuaded the U.S. Fifth Circuit Court of Appeals to recognize one of the only exceptions to the Robins Dry Dock rule, Hatch v. Durocher, a case of first impression in the U.S. Sixth Circuit Court of Appeals resulting in the denial of seaman status to a marine construction worker, Howard v. So. Ill. Riverboat Casino, a case of first impression in which she persuaded the U.S. Seventh Circuit Court of Appeals that indefinitely moored vessels are not "vessels in navigation" within the meaning of the Jones Act, Ahmed v. Pickwick Place in which the court affirmed judgment notwithstanding the verdict in an action for the wrongful death of a six year old and Royal Indemnity. Co. v. Chicago Hospital Risk Pooling Program in which the court overturned an order compelling an excess insurer to arbitrate a dispute involving its obligations to its insured.

Because of Ms. Kearney's combined trial and appellate experience, she is frequently retained in high profile cases nationwide for "trial triage" which involves participation at trial by assisting trial counsel with motions in limine, directed verdict motions and jury instructions.  Her participation during the pre-trial phases of significant cases provides clients and their trial counsel with an independent evaluation of potential liability and exposure for damages and an invaluable resource in crafting the most effective legal arguments to be advanced in dispositive motions and every other stage of the proceedings. 

Education

  • J.D. cum laude Tulane University Law School, 1984
  • M.B.A. Tulane University, 1984
  • B.A. St. Mary's College, 1980
  • Professional Skills Program, Straus Institute for Dispute Resolution at the Pepperdine University School of Law

Bar Admissions

  • Illinois
  • Louisiana
  • New York

Court Admissions

  • U.S. Supreme Court
  • U.S. Courts of Appeal, Fifth, Sixth, Seventh, Eighth, Ninth and Eleventh Circuits
  • U.S. District Court, Northern District of Illinois including Trial Bar
  • U.S. District Court, Northern District of Indiana, Eastern District of Louisiana

Organization Affiliations

  • Member of the Board of Directors of the Maritime Law Association of the United States, Active Member of the Committees on Uniformity of U.S. Maritime Law (Former Chair), Marine Insurance & General Average, Recreational Boating
  • Editorial Fellow, American Maritime Cases
  • Federal Bar Association
  • AIDA Reinsurance and Insurance Arbitration Society, (ARIAS U.S.)
  • Defense Research Institute
  • Association of Professional Insurance Women
  • Appellate Lawyers Association

View this attorney's Reported Decisions, Verdicts and Judgments.