Edward M. Kay

Partner

Location: Chicago, IL

Phone: 312.606.7595

Biography

Edward M. “Ed” Kay is a partner and former director of Clausen Miller P.C., having served on its 10-member Board of Directors for the last six years. Ed co-chairs Clausen’s Appellate Practice Group along with his partner Melinda Kollross

Ed is a nationally recognized post-trial and appellate attorney who has prosecuted over 500 appeals throughout the United States at all state and federal appellate court levels. Ed 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 Ed’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.

Ed acted as lead counsel in Ready v. United/Goedecke Services, Inc., 238 Ill. 2d 582 (2010), which the Chicago Daily Law Bulletin described one of the most significant decisions because it confirmed the right of a non-settling defendant to point the finger at the so-called “empty chair” in cases involving multiple defendants.

Ed has also developed a “litigation triage” practice for clients facing difficult trials or plaintiffs making unreasonable policy limit demands. Ed’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, Ed’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.

Ed 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.

Ed is AV® Preeminent™ rated by Martindale-Hubbell. Ed’s AV® rating of a 5.0/5.0 by his peers is a reflection of his expertise, experience, integrity and overall professional excellence.

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
  • U.S. District Court, Northern District of Illinois

Memberships

  • American Academy of Appellate Lawyers
  • Illinois Appellate Lawyers Association
  • Illinois Association of Defense Trial Counsel
  • Seventh Circuit Bar Association

Awards

  • Martindale Hubbell AV® rating
  • Super Lawyers® 2019
  • Best Lawyers in America Appellate Practice, 2019
  • Chicago's Top Rated Lawyers, 2014

Matters of Note

  • Ready v. United/Goedecke Services, Inc.,

    238 Ill. 2d 582 (2010) (tort litigation/sole proximate cause)

  • Ahmed v. Pickwick Place Owners' Ass'n and Vista Property Management, Inc.,

    896 N.E.2d 854, (Ill. App. 2008) (premises liability/wrongful death)

  • Jackson v. Commonwealth Edison Co.,

    105 Ill. 2d 501, 475 N.E.2d 879 (1985) (employment law)

  • Department of Revenue v. Heartland Investments, Inc.,

    106 Ill. 2d 19, 476 N.E.2d 413 (1985) (tax)

  • Peoples Gas Light and Coke Co. v. Illinois Commerce Comm'n,

    175 Ill. App. 3d 39, 529 N.E.2d 671 (1988) (administrative law)

  • Fidelity & Casualty Co. of N.Y. v. Mobay Chemical Corp.,

    252 Ill. App. 3d 992, 625 N.E.2d 151 (1989) (liability insurance coverage)

  • Landstrom v. Department of Children & Family Services,

    892 F.2d 670 (7th Cir. 1990) (civil rights)

  • TIE Systems Inc. v. Telcom Midwest,

    203 Ill. App. 3d 142, 560 N.E.2d 1080 (1990) (intellectual property)

  • Libby-Owens-Ford Co. v. Ins. Co. of N.A.,

    9 F.3d 422 (6th Cir. 1993) (first-party property insurance)

  • Hatch v. Durocher Dock & Dredge, Inc.,

    33 F.3d 545 (6th Cir. 1994) (admiralty and maritime)

  • Siller v. Montague Associates,

    652 N.Y.S. 2d 315 (N.Y. App. 1997) (casualty defense)

  • Sacramona v. Bridgestone/Firestone, Inc.,

    106 F.3d 444 (1st Cir. 1997) (products liability)

  • West v. The Budd Co.,

    167 F.3d 776 (2d Cir. 1999) (products liability);

  • St. Paul Fire & Marine Ins. Co. v. Honeywell, Inc.,

    611 N.W.2d 51 (Minn. App. 2000) (subrogation/loss recovery)

  • Turner v. Willliams,

    326 Ill. App. 3d 541, 762 N.E.2d 70 (2001) (casualty defense/reversing $6.5 million verdict)

  • First Ins. Funding v. Federal Ins. Co.,

    284 F. 3d 799 (7th Cir. 2002) (fidelity/surety coverage)

  • Atwell v. Lisle Park Dist.,

    286 F. 3d 987 (7th Cir. 2002) (public employment/civil rights)

  • Chicago

    Illinois 60603

    10 South LaSalle Street

    Chicago, Illinois 60603

    T: 312.855.1010 TF: 800.826.3505 F: 312.606.7777 Office Managing Partner: Dennis D. Fitzpatrick

  • New York

    New York 10005

    28 Liberty Street 39th Floor

    New York, New York 10005

    T: 212.805.3900 TF: 800.826.3505 F: 212.805.3939 Office Managing Partner: Tyler Jay Lory

  • Irvine

    California 92614

    17901 Von Karman Avenue

    Suite 650

    Irvine, California 92614

    T: 949.260.3100 TF: 800.826.3505 F: 949.260.3190 Office Managing Partner: Ian R. Feldman

  • Florham Park

    New Jersey 07932

    100 Campus Drive

    Florham Park, New Jersey 07932

    T: 973.410.4130 TF: 800.826.3505 F: 973.410.4169 Office Managing Partner: Carl M. Perri

  • Michigan City

    Indiana 46360

    200 Commerce Square

    Michigan City, Indiana 46360

    T: 219.262.6106 TF: 800.826.3505 F: 312.606.7777 Office Managing Partners: Paige M. Neel, Kimbley A. Kearney

  • Appleton

    Wisconsin 54914

    4650 W. Spencer Street

    Appleton, Wisconsin 54914

    T: 920.560.4658 TF: 800.826.3505 F: 920.968.4650 Office Managing Partner: Patrick L. Breen

  • Stamford

    Connecticut 06902

    68 Southfield Avenue

    2 Stamford Landing Suite 100

    Stamford, Connecticut 06902

    T: 203.921.0303 TF: 800.826.3505 F: 212.805.3939 Office Managing Partner: Matthew J. Van Dusen

  • Tampa

    Florida 33609

    4830 West Kennedy Boulevard

    Suite 600

    Tampa, Florida 33609

    T: 813.509.2578 TF: 800.826.3505 F: 312.606.7777 Office Managing Partner: Anne E. Kevlin

  • Orlando

    Florida 32801

    618 E. South Street

    Suite 500

    Orlando, Florida 32801

    T: 813.509.2578 TF: 800.826.3505 F: 312.606.7777 Office Managing Partner: Anne E. Kevlin

  • San Francisco

    California 94111

    100 Pine Street

    Suite 1250

    San Francisco, California 94111

    T: 415.745.3598 TF: 800.826.3505 F: 949.260.3190 Office Managing Partner: Ian R. Feldman