Litigation and Appeals

Mary Patricia Benz represents both corporate and individual clients in business and other commercial disputes. Examples from her practice illustrate the breadth of her experience. She has represented insurance companies in coverage disputes, including the landmark Illinois decision Zurich Insurance Co. v. Raymark Industries, Inc. (1987). She has represented multiple product manufacturers in products liability cases, including Kokoyachuk v. Aeroquip Corporation, 172 Ill. App. 3d 432, 526 N.E.2d 607 (1988),a case involving the duty to warn which was precedent in Illinois products liability cases for many years.

Additionally, Ms. Benz represented a not-for-profit organization and its board members in a dispute about the right to manage the historic Auditorium Theatre. She represented the clients at trial and in three appeals in Eychaner v. Roosevelt University. Other representative published cases include James Brown v. Acmi Pop Division, (375 Ill. App. 3d 276, 1st Dist. 2007) (publicity rights and copyright); Vigortone Ag Products, Inc. v. PM Ag Products, Inc.  316 F. 3d 641 (7th Cir. 2002) (fraud); Perlman v. UNUM Life Insurance Company, 195 F.3d 975 (7th Cir. 1999) (ERISA); River v. Commercial Life Insurance, 160 F.3d 1164 (7th Cir. 1998) (disability insurance) and Gold v. Ziff Communications, 748N.E.2d.198 (Ill.App.2001) (breach of contract; lost profits).