- 2017-01-23
Barbara I. Michaelides
Of Counsel
A seasoned appellate practitioner on high-exposure cases, Barb has a keen sense of how cases are scrutinized at the appellate level. Her appellate practice spans a broad range of commercial, first-party property liability insurance coverage and defense matters, bringing a record of successful briefing and oral arguments in actions spanning the country.
Beyond her appellate work, Barb serves as monitoring appellate counsel in complex, high-exposure actions, joining counsel in research and motion writing. Barb’s experienced perspective ensures error is preserved for appeal and cases are postured for successful resolution.
As an appellate lawyer, I have a very different perspective from a trial lawyer on what a case is about and what the record shows. I look at cases the way appeals courts look at cases.
Memberships
- Defense Research Institute (DRI)
- Appellate Lawyers Association
Awards & Rankings
- Since 2015, the Leading Lawyers Network has recognized Barb as a Leading Lawyer in the field of civil appellate law. This distinction is limited to less than 5% of all lawyers licensed to practice in that state within their respective field of law.
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Repeated molestation claims against religious organizationThe New York Court of Appeals adopted our position that repeated sexual molestations constituted separate occurrences and must be equitably allocated across all years in which they took place. The Court also concurred that our client had not waived its right to litigate these issues.
Case Study
- Intervened in liability case and successfully resolved coverage issues relating to allegations against roofer for defective work and water intrusion at eight multi-unit condominiums; determining whether the claims involved property damage and the specific years when the alleged damage occurred.
- Obtained summary judgment in case of first impression in Missouri enforcing an athletic participant's exclusion for claim that insured failed to provide adequate medical care to boxer after a fight resulting in permanent brain injury; affirmed by the Missouri Appellate Court.
- Obtained affirmance of summary judgment precluding coverage for class action settlement, arguing that defective product damages were not caused by an occurrence.
- Granted summary judgment for insurer on the basis that allegations of false advertising and disparagement did not implicate personal and advertising injury coverage.
- Persuaded appellate court to agree that client was entitled to set-off for full amount of post-verdict settlement in wrongful death and personal injury actions.
- Obtained appellate reversal of multimillion-dollar jury verdicts in two related catastrophic personally injury lawsuits.
- Successfully defended meat supplier in a wrongful death and subsequent commercial litigation involving contractual indemnity.
- Obtained reversal of a personal injury award on appeal.
- Obtained affirmance of judgment against personal injury plaintiff in premises liability action.
- Obtained judgment on appeal in an $80 million class-action stigma damage action.
- Obtained judgment on appeal in A USS/bailment action.
- Obtained judgment for a subcontractor where the general contractor was seeking indemnification for its compensatory and punitive damage exposure for death and personal injury actions.
- Upheld dismissal of a fidelity insurance coverage action on appeal.
- Obtained reversal of a $9 million business interruption jury verdict on basis that the client's first-party property policy did not owe coverage.
- Obtained affirmance that coverage action was properly dismissed in favor of another forum.
- Obtained affirmance of judgment for first-party property insurer on ordinance-and-law claim, based upon court's agreement that sub-limit applied.
- Obtained affirmance of a jury verdict finding no coverage was owed for several class action settlements involving warranty claims arising out of insured's defective roofing products.
- Obtatined judgment on appeal for an insurer, the court finding the additional insured's liability did not arise out of the named insured's operations.
- Obtained affirmance of judgment for insurers on grounds that insured's breach of a settlement agreement did not implicate either CGL coverage of E&O coverage.
- Obtained judgment for insurer on basis that athletic participants exclusion barred coverage for hotel relative to boxer's personal injuries.
- Successfully sought permissive interlocutory appeal concerning application of Illinois' "targeted-tender" doctrine and convinced appellate court that it applied to a self-insured risk pool.
- Obtained affirmance of directed verdict for pediatrician in wrongful death case.
- Obtained affirmance of judgment for hospital in wrongful death case.
- 2016-03-14
- 2015-09-01