Steven Puiszis is a well-known and highly experienced trial attorney and mediator with a wide-ranging litigation and trial practice, who stopped counting after having taken more than 40 civil and criminal jury trials to verdict. He is one of the few attorneys nationally who has ever successfully defended through trial a federal class-action lawsuit. Mr. Puiszis is a past president of the Illinois Association of Defense Trial Counsel.
Municipal and Civil Rights law are two of the primary areas of Mr. Puiszis’ practice. He has handled a variety of claims in state and federal court on behalf of various units of state and local government. For example, he successfully represented the Governor and several other state officials in a civil rights action where the plaintiffs initially sought to certify a class of all developmentally disabled adults in
Illinois who failed to receive residential Medicaid services on a timely basis. He also successfully defended the Secretary of the Illinois Department of Human Services and several other state officials while serving as lead counsel in a class-action trial involving
Illinois' Sexually Violent Persons Commitment Act (SVP) Program. That matter involved a variety of constitutional challenges brought by the American Civil Liberties Union against
Illinois ’ SVP Program.
In 2004, Mr. Puiszis obtained a defense verdict in a jury trial on behalf of a Cook County Assistant Public Defender in a legal malpractice action. In that case, the plaintiff had been convicted of a rape which he did not commit and sentenced to 36 years in prison. DNA testing, which occurred years after the conviction and sentence were affirmed on appeal, established the plaintiff’s innocence. The underlying criminal trial involved complex scientific issues, and Mr. Puiszis convinced the jury that his client’s strategy for dealing with those issues at the criminal trial was both reasonable and appropriate. That case is believed to be the first legal malpractice case against a public defender taken to verdict in
Illinois.
A number of matters involving the use of deadly force and claims of wrongful prosecution that he has handled on behalf of law enforcement officials in federal court have resulted in published appellate opinions affirming summary judgment in his client's favor. Mr. Puiszis also represented the DuPage County Board on issues stemming from the "DuPage 7" criminal prosecution. He has also been requested to defend the Sheriff of Cook County in a series of putative class actions stemming from procedures followed at the Cook County Jail, which is the largest single-site jail in the country.
In one of the municipal matters handled by Mr. Puiszis, (
Zimmerman v. Village of Skokie), the Illinois Supreme Court declared unconstitutional the use of the common law’s "public duty" doctrine to override statutory immunities available under the Illinois Tort Immunity Act. That decision substantially broadened the scope of protection available to local public entities and their employees under the Act.
Another matter he handled before the Illinois Supreme Court (
Arteman vs. Clinton Community Unit School District) clarified the interplay of immunities between the Illinois School Code and the Tort Immunity Act, and substantially broadened the scope of protection available to school districts in
Illinois. As a result of that decision,
Illinois school districts can now raise the Tort Immunity Act as defense to claims involving the provision of defective equipment and the failure to provide safety equipment to its students.
Mr. Puiszis’ litigation background is not strictly limited to the representation of local units of government or state and local officials. He has also successfully handled numerous professional liability claims on behalf of architects, engineers, attorneys and various health care providers.
With his background in accounting, he has also been asked to handle matters involving sophisticated accounting and tax issues, including the representation of lawyers and accountants in professional liability matters. He has also successfully handled various types of product liability claims.
In addition to his noteworthy municipal and civil rights representations, Mr. Puiszis has represented the following clients in product liability litigation:
- Siemens Energy & Automation, Inc. – In a span of approximately 18 months, Mr. Puiszis obtained summary judgment in five separate product liability actions involving wrongful death and personal injury claims allegedly resulting from defects in different products manufactured by Furnas Electric Co., a division of Siemens.
- Rudd Industries – Mr. Puiszis secured a jury verdict in favor of his client in Mark v. Rudd International, in which he represented the manufacturer of an FAA air traffic controller chair in a product liability claim filed in the U.S. District Court for the Northern District of Illinois. The plaintiff contended that an adjustable height control mechanism for the air traffic controller’s chair (manufactured in Germany and distributed by a company in the Netherlands) malfunctioned, allegedly causing the chair to rapidly descend and cause a back injury that the plaintiff claimed prevented him from returning to work as an air traffic controller. Third-party actions for contribution were filed in that matter against the foreign manufacturer and distributor of the failed component part.
In the area of professional liability, Mr. Puiszis handled a claim resulting in the first reported Illinois appellate decision interpreting the Accountant’s Privity Statute in
Chestnut v. Pestine, Branati, et al., reported at 607 N.E.2d 543. He also represented a Dallas-based law firm in a professional liability claim filed in federal district court in St. Louis, Missouri, arising from that firm’s handling of an antitrust lawsuit on behalf of a local telephone company against several of the "Baby Bells." The underlying antitrust lawsuit involved the manner in which long distance phone calls were billed and reimbursed. The case was ultimately settled for a modest amount, and for a fraction of the settlement demand made before Mr. Puiszis assumed the defense.
Mr. Puiszis was one of three Hinshaw & Culbertson LLP attorneys requested to coordinate the defense of the 1995 Illinois Civil Justice Reform Amendments against multiple constitutional challenges in several consolidated lawsuits filed in the
Circuit Court of Cook County. As part of that assignment, he briefed and argued the constitutionality of the "cap" on non-economic damages at the trial court level.
Mr. Puiszis successfully represented the following clients in significant general commercial litigation:
- Chicago White Sox/Illinois Sports Facilities Authority – Mr. Puiszis secured a jury verdict in favor of the defendants in Kaishas v. Chicago White Sox, a general liability claim in which the plaintiff was struck by a foul ball hit by Tim Raines, then an outfielder for the White Sox. The plaintiff suffered a serious facial injury, and the case turned on the safety provided to patrons of baseball games.
- CNA Insurance Companies – Mr. Puiszis obtained a jury verdict in favor of building owner CNA in Atkins v. Otis Elevator Co., et al., a general liability claim alleging that an elevator suddenly dropped five floors, injuring the plaintiff and several other passengers.
- Sprint Centel/360E Communications – Mr. Puiszis won summary judgment in a Structural Work Act claim arising out of the remodeling of Sprint Centel’s corporate offices in Illinois. Following the spin-off of 360E Communications from Sprint, Mr. Puiszis was asked to redraft the indemnification provisions of 360E’s communication tower construction and maintenance agreements, an assignment that involved a review of the relevant law in 36 states where 360E’s towers were located or planned.
Mr. Puiszis joined Hinshaw in January 1984. He began his legal career in the
Cook County State’s Attorney’s Office where he served in the Special Prosecution and General Criminal Divisions. He is a member of the firm’s business litigation practice group and electronic discovery committee. He also formerly served as the head of the firm’s school law group, and editor of Hinshaw’s “Report Card,” a quarterly publication dealing with school law issues.
Besides serving as a past president of the Illinois Association of Defense Counsel (IDC), Mr. Puiszis is a member of the Defense Research Institute (DRI) and serves as Illinois’ state representative to DRI. He also was appointed as one of DRI’s representatives to the Sedona Conference®.He is also a member of the Society of Trial Lawyers, the Trial Lawyers Club of Chicago and the Association of Defense Trial Attorneys (ADTA). He also serves as the Vice Chair of the ABA's Governmental Liability Committee in its Tort and Insurance Practice Section. In 2010, Mr. Puiszis was added to the Seventh Circuit’s Electronic Discovery Pilot Program.
Illinois Super Lawyers magazine has named Mr. Puiszis to the
Super Lawyers list in the area of Civil Rights Law, Constitutional Law and Civil Rights/First Amendment Law. In addition, he holds the AV® Peer Review Rating from Martindale-Hubbell, its highest rating for ethics and legal ability. He has also been recognized by his peers as a Leading Lawyer in the categories of governmental law, municipal law, lobbying & administrative law and personal injury defense law.
In the Fall of 2005, Mr. Puiszis completed intensive training in mediation from the faculty of Pepperdine University School of Law’s top-ranked Straus Institute for Dispute Resolution, and is a Certified Mediator in the Cook County Court-Annexed Major Case Civil Mediation Program.
Mr. Puiszis established Hinshaw’s “
Practical Ediscovery” blog and serves as its Editor-in-Chief. The blog can be found at
www.practicaledicovery.com.
He is the author of "
Illinois Municipal Tort Liability,
" now in its second edition, published by Lexis Publishing (formerly Mathew Bender) with yearly cumulative supplements through 2008. The book is unique in that it is strictly devoted to liability issues facing units of government and public officials in state and federal court. In addition, Mr. Puiszis is the author of a chapter, ”
E-Discovery and Enterprise Risk Management,” in the American Health Lawyers Association book, “Enterprise Risk Management Handbook for Healthcare Entities,” First Edition, published in 2009.
Mr. Puiszis has also written a number of articles on litigation-related and other topics, including:
- “The Illinois Citizen Participation Act Provides Immunity for the Exercise of First Amendment Rights,” IDC Quarterly, Second Quarter 2009.
- “Schools and Social Media: First Amendment Issues Arising from Student Use of Social Media,” co-author, Intellectual Property & Technology Law Journal, Aspen Publishers, April 2009.
- “Navigating the Quagmire of E-Discovery in Electronic Health Record (EHR) Systems,” paper, American Health Lawyers Association 2008 Annual Meeting & In-House Counsel Program, San Francisco, California, July 2008.“
- A Civil Justice System That is Out of Balance,” President’s Message, IDC Quarterly, Vol. 17, No. 2, 2d. Qtr. 2007; and Chicago Daily Law Bulletin, Law Day, 2007.
- “What Do the E-Discovery Amendments to the Federal Rules of Civil Procedure and the Rock Musical Hair Have In Common?” IDC Quarterly, Volume 17, Number 1, 1st Qtr. 2007.
- “Are Your Information and Record Keeping Systems Ready for the New Federal Rules on Electronic Discovery?,” Illinois Association of School Boards Newsbulletin, February 2007.
- “Take Time to Learn About Judicial Elections,” Daily Southtown, November 6, 2006.
- “Developing Trends With The Class Action Fairness Act of 2005,” The John Marshall Law Review, Fall 2006, Vol. 40 No. 1.
- “What Makes a Lawyer Great?,” President’s Message, IDC Quarterly, Summer, 2006.
- “The Class Action Fairness Act of 2005 – Navigating Through its Sea of Uncertainty, Part II,” For the Defense, Vol. 47, No. 11, Defense Research Institute, November 2005.
- “The Class Action Fairness Act of 2005 – Navigating Through its Sea of Uncertainty, Part I,” For the Defense, Vol. 47, No. 10, Defense Research Institute, October 2005.
- "Fabiano vs. City of Palos Hills. A Modern Day Merchant of Venice," IDC Quarterly, Vol. 13, No. 1, 1st Qtr. 2003.
- "Tort Immunity for Discretionary Policy Determinations," Feature Article, IDC Quarterly, Vol. 11, No. 20, 2nd Qtr. 2001.
- "No Representation Without Indemnification Under the Public Defender Immunity Act," IDC Quarterly, Vol. 11, No. 2, 2nd Qtr. 2001.
- "Title IX Damages Liability Extended to Students on Student Harassment," DCBA Brief, Vol. 12, No. 2, October 1999.
- "Does the Local Governmental Tort Immunity Act Stand in Derogation of the Common Law?" (co-author with W. Morgan), IDC Quarterly, Vol. 8, No. 3, 3rd Qtr. 1998.
- "Now You See It, Now You Don’t - How the Immunity for ‘Executing or Enforcing the Law’ Magically Disappeared," IDC Quarterly, Vol. 7, No. 5, 1st Qtr. 1998.
- "Update on Peremptory Challenges: J.E.B. v. Alabama ex rel, T.B., Significant Case Comment," IDC Quarterly, Vol. 5, No. 1, 1st Qtr. 1995.
- "Honda Motor Co. v. Oberg: Punitive Damages Update, Significant Case Comment," IDC Quarterly, Vol. 4, No. 3, 3rd Qtr. 1994.
- "Constitutional Arguments Against the Imposition of Punitive Damages in Illinois," Monograph Article, IDC Quarterly, Vol. 3, No. 3, 3rd Qtr. 1993.
- "Will the Peremptory Challenge Survive its Battle with the Equal Protection Clause?" The John Marshall Law Review, Vol. 25, No. 1, Fall 1991.
Mr. Puiszis is also a frequent speaker on litigation-related topics, including “The E-Discovery Amendments to the Federal Rules of Civil Procedure – That Light You See is Not the End of the Tunnel,” a presentation that qualified for two hours of Continuing Legal Education credit. He has delivered this presentation to all of Hinshaw’s attorneys as well as to various clients since 2007, including Markel Corp., Walsh Construction Co., The Illinois Attorney General’s Office, the civil divisions of the Cook and DuPage County States Attorneys Offices, the long-term care group at American Health Lawyers Association 2007 annual conference in Chicago, the legal departments of the Chicago Park District, METRA and to members of the legal and information technology departments of TTX Company.
His other presentations include:
- “Intricacies of 1983 Civil Rights Liability,” Public Risk Management Agency (PRIMA) Annual National Conference, Orlando, Florida, June 2010.
- “Best Practices for DRI State Representatives,” DRI Meeting of Executive Directors and State Representatives, Las Vegas, Nevada, March 2010.
- “E-Discovery: Get in Step with the 21st Century,” Illinois Trial Lawyers Association, live webinar, February 2010.
- “Ediscovery and Email Risk Management,” Illinois Association of Mutual Insurance Companies, Springfield, Illinois, February 2010.
- “Internet Marketing in the 21st Century: Are You LinkedIn?” DRI Annual Meeting, Chicago, Illinois, October 2009.
- “Understanding Legal Risk, Ethics and Privacy Involving the Use of Social Media,” Media Skills Workshop panel discussion, National Association of Medical Communicators, Chicago, Illinois, September 2009.
- “Risk Management and Ethical Considerations Involving E-Discovery,” CPCU Society, Chicago, Illinois, September 2009.
- “Schools and Social Media: First Amendment Issues Arising from Student Use of the Internet,” DuPage County Regional Office of Education, Wheaton, Illinois, May 2009.
- “Section 1983 File Handling Checklist,” Chicago Park District Legal Department, Chicago, Illinois, May 2009.
- “Risk Management and Ethics Involving E-Discovery,” Fireman’s Fund Insurance Company, Chicago, Illinois, March 2009.
- “Blog Now, Pay Later – Legal Issues Concerning Social Networking Sites,” Illinois Association of School Boards, Annual Conference, Chicago, Illinois, November 2008.
- “The Trial Attorney and Class Action Litigation in America,” Union League Club of Chicago’s Public Affairs Committee and the Illinois Channel videotaped forum, Chicago, Illinois, November 2008.
- “Benefits & Pitfalls of Electronic Medical Records and Communications Technologies,” Illinois Risk Management Services 24th Annual Risk Managers Meeting, Springfield, Illinois, September 2008.
- “What Do Healthcare Lawyers Need to Know about E-Discovery?” American Health Lawyers Association’s 2008 Annual Meeting & In-House Counsel Program, San Francisco, California, July 2008.
- “Training New Board Members,” Defense Research Institute North Central Regional Meeting, Savannah, Georgia, January 2008.
- “Preserving and Producing Electronic Evidence,” Illinois Council of School Attorneys’ 21st Annual Seminar on School Law,” Chicago, Illinois, November 2007.
- “Are Your Information and Record-Keeping Systems Ready for the New Rules on E-Discovery?” Hinshaw’s 2007 Health Care Conference: Current Issues Affecting the Governance and Management of Hospitals and Health Systems, Oakbrook, Illinois, November 2007.
- “Emerging Issues Confronting Public Employers, Including Section 1983,” Hinshaw’s “Effectively Dealing with Current Labor & Employment Issues” seminar, Chicago, Illinois, September 2007.
- “Emerging Issues on Electronic Discovery,” Federal Civil Practice Committee, Chicago Bar Association, Chicago, Illinois, September 2007.
- “Protecting Students from Sex Offenders and Sexual Misconduct,” presentation at the Annual Conference sponsored by the Illinois Association of School Boards, Chicago, Illinois, November 2005.
- "Defense Tactics for a New Era," presentation to the Tort Litigation Section of the Chicago Bar Association, January 2003.
- "Police Liability in Illinois," seminar presentation through Lorman Education Services on Defenses and Immunities to 1983 Claims involving Police Liability for Excessive Force and False Arrest, Rolling Meadows, Illinois, November 2002.
- “Litigation – Liability Issues,” presented at an invited attorneys seminar sponsored by the Institute for Local Government Law, Chicago, Illinois, February 2002.
- "Why Mold and Why Now? The Coming of the Spore Wars," presentation at the Annual Conference sponsored by the Illinois Association of School Boards, Chicago, Illinois, November 2001.
- “Tort Immunity and Section 1983 Issues,” presentation at the 2000 Winter Conference sponsored by the Illinois State’s Attorney’s Association, Chicago, Illinois, December 2000.
- "Mediation of Claims and Lawsuits Against Law Enforcement Officers," Presentation at Conclave and Workshop sponsored by the ADR Committee of the Federal District Court and the ADR Consortium and Center for Employment Dispute Resolution at Loyola University of Chicago, September 2000.
- “Hot Topics in School Law in Illinois,” seminar presentation through Lorman Education Services, Oak Brook, Illinois, August 1999.
- “The Special Duty Doctrine, Its Current Status and Its Future,” presented at an invited attorneys seminar sponsored by the Illinois Municipal League, Chicago, Illinois, September 1997.
- "The 1995 Civil Justice Reform Amendments," paper and lecture presented to over 250 clients at the October 1995 seminar sponsored by Hinshaw & Culbertson LLP in Itasca, Illinois.
- "Has the Illinois Structural Work Act Been Preempted by OSHA?" paper and lecture presented at the Fall 1993 seminar in Galena, Illinois, sponsored by the Illinois Association of Defense Counsel.