Timothy E. Kapshandy
TIM KAPSHANDY, a member of the firm’s Products Liability and Environmental litigation teams, has experience in civil rights, defamation and complex litigation, in particular mass toxic tort litigation. He has focused his practice for more than 30 years on the defense of such claims as fear of cancer, increased risk of cancer, immune dysfunction and neuropsychological damage as a result of exposure to various chemicals. This work has encompassed:
- Representing General Electric in obtaining summary judgments in dozens of cases in the MDL and state courts where plaintiffs were alleging that GE was liable for insulation applied by the Navy to marine steam turbines it sold to the Navy. In separate decisions involving both California law and federal maritime law, the courts held that GE was not liable for asbestos thermal insulation that was applied pursuant to Navy specifications and which was not made, installed, or specified by GE.
- Working on seven-year trial of 20 test cases in Montreal involving urea formaldehyde foam insulation resulting in defense verdict that was upheld on appeal by Quebec Court of Appeals. Obtained significant award of costs and fees for client.
- Achieving a defense jury verdict in claims of 500-member class for personal injury and property damage alleged to have been caused by leak from refinery. The verdict was upheld by the Indiana Court of Appeals, Indiana Supreme Court, and cert denied by United States Supreme Court. Plaintiffs alleged novel chemical injury claims and property stigma damages. Also obtained dismissal of competing federal class action under Rooker-Feldman doctrine.
Tim has devoted substantial time to combating “junk science” techniques and has helped lead the firm’s coordination of asbestos and formaldehyde defense cases. He has worked on and tried toxic tort cases in jurisdictions such as Indiana, Florida, Alaska and Canada.
Strong advocacy on behalf of his clients has earned Tim acknowledgement in industry publications. This includes being listed as a “Best Lawyer” in 2012–2016 editions of The Best Lawyers in America in the practice area of Product Liability Litigation – Defendants and additionally in 2012 as Chicago Products Liability Lawyer of the Year.
Tim is the author of a number of publications on product liability law and scientific evidence, including “Is Your Industry Under Fire? Targeting Entire Industries Through Enterprise Liability,” InsideCounsel (2015) and Chapter 7, “Trial of Scientific Evidence Cases” in Scientific Evidence and Experts Handbook, Aspen Pub. (1999).
Tim is a member of the American Bar Association and Indiana Bar Association. He has also served as an arbitrator in Cook County Circuit Court’s arbitration program.
Tim has over the years been active in philanthropic endeavors and is a former trustee to both the Northwest Indiana Habitat for Humanity and Forest Ridge Academy.
Tim led a team of Sidley lawyers in representing investigative writer, Hassan Daioleslam, in a defamation action filed in federal court in the District of Columbia. The firm obtained a complete defense victory in 2012 in the long-running high-profile case. Mr. Daioleslam had written a series of articles stating that the National Iran American Counsel (NIAC) and its president, Trita Parsi, were lobbying for the Islamic Republic of Iran and they subsequently filed a defamation suit against him in 2008. The U.S. District Court for D.C. granted summary judgment due to plaintiffs’ failure to produce evidence that our client acted with actual malice. The court also imposed a large sanctions award against plaintiffs for repeated and intentional discovery abuses and ordered the plaintiffs to pay most of Mr. Daioleslam’s expenses related to the abuses. The order was unanimously upheld by the Court of Appeals for the D.C. Circuit.