Hon. Edward Washington II, (Ret.)
IllinoisNeutral AvailabilityJudge Washington has more than 30 years of experience in many legal arenas. He has served as an in-house counsel for a Fortune 500 corporation, a national law firm partner in complex litigation and a trial judge in the Cook County Circuit Court. Judge Washington has presided over commercial matters including construction, business dissolution and employment along with personal injury matters such as medical malpractice, product liability and mass torts. He also has extensive experience in legal malpractice and probate cases. Judge Washington is a keen negotiator, public servant and educator with a calm demeanor. In addition to his volunteer service to the legal community and the community-at-large, he serves as a visiting professor at Harvard Law School, teaching trial advocacy. Judge Washington’s depth and breadth of experience in the law provide a solid foundation for his work as a senior mediator and arbitrator at ADR Systems.
Types of Cases Resolved
- American Disability Act (ADA)
- Auto Liability
- Bankruptcy
- Business Dissolution
- Civil Rights
- Class Action
- Construction
- Construction Accidents
- Construction Defect
- Contract
- Copyright
- Defamation
- Eminent Domain
- Employment
- Errors & Omissions (E&O)
- Family Business
- Federal Employers Liability Act (FELA)
- Fee Dispute
- Fiduciary Duty
- Finance
- Franchise
- Fraud
- Government
- Guardianship
- Harassment
- Insurance Coverage
- Intellectual Property
- Landlord-Tenant
- Mass Torts
- Medical Malpractice
- Non-Compete
- Nursing Home
- Partnership Dispute
- Personal Injury
- Premises Liability
- Probate
- Product Liability
- Professional Malpractice
- Property Damage
- Re-Insurance
- Real Estate
- Restrictive Covenants
- Retaliatory Discharge
- Sexual Abuse
- Sexual Harassment
- Storm Damage
- Temporary Restraining Order (TRO)
- Trademark
- Unfair Competition
- Uninsured & Underinsured Motorist (UM&UIM)
- Workers' Compensation
- Wrongful Death
ADR Experience and Qualifications
- Since joining ADR Systems in 2017, Judge Washington has served as a full-time mediator and arbitrator
- 15-year judicial career in the Circuit Court of Cook County, including serving as Trial Judge in the Law Division; Interim Presiding Judge in the First Municipal District; and Civil Jury, 2002-2017
- 18-year legal career, including Counsel, Nixon Peabody, LLP (2018-Present); litigation partner, McGuireWoods LLP (2002); Hopkins & Sutter (now Foley & Lardner) (2000-2002); Chief of Public Utilities Bureau and Chief of Public Interest Division of the Illinois Attorney General’s Office (1997-1999); Senior Regulatory Attorney MCI Telecommunications Corporation (1993-1996); Administrative Law Judge for the Illinois Commerce Commission (1996-1997); private practice and other legal positions (1981 – 1996)
Representative Cases
- Government: condemnation involving land taken from two railroads required for major league baseball stadium; decision benefited both parties by granting the railroad easement to continue operations resulting in the retention of jobs and growth of revenue, allowing the stadium to be built
- Medical Malpractice: presided over a case where patient’s family sued doctor alleging the doctor failed to perform a life-saving procedure; however, doctor’s notes were admitted in evidence showing that the patient refused the procedure and jury found in favor of the doctor
- Nursing Home: represented 200-bed senior citizens home after city closed the facility following the accidental death of two patients; forestalled foreclosure and enlisted a venture capital group to structure a 50-year lease proposal which resulted in an economically depressed community having a modern long-term care facility
- Personal Injury: as a judge, tried a case filed against a bar resulting in nearly a $1 million damage award where plaintiff was involved in a fight between employees and patrons; plaintiff suffered bruises, abrasions and a brief aggravation of her sickle cell symptoms; upheld on appeal
- Personal Injury and Premises Liability: tried a case against a city where resident fell in a depression in the alley where she was required to empty her trash; the asserted tort immunity did not protect the city; case of first impression
- Product Liability: as a judge, tried a $14 million case filed against doctor for not assessing the manufacturer’s recommended risk factors for a birth control medication prescribed to a patient
- Unfair Competition: argued on appeal that competitive restrictions should be imposed on electric company and affiliates; barred company from providing advantages in connection transmission, distribution and services that were not given to alternative retail electric suppliers
- Unfair Competition: argued contested proceeding ordering public utility to provide competitors the right to equal access for certain local calling areas
- Wrongful Death: three passengers were killed in a head on car – truck accident on an icy and snow-covered highway with complaint based on defendants’ negligence; court refused jury instruction requiring that at least one of the defendants must be found negligent; there was causation, but no negligence on part of defendants; affirmed on appeal
Professional Activities and Awards
- Member, Illinois Supreme Court Committee on Civil Jury Instructions
- Founding Member and Chair, Attorney Registration and Disciplinary Liaison Committee
- Member, Illinois Judicial Council
- Former Chair and Board Member, Judicial Inquiry Board
- Former Member, Illinois Judicial Council
- Former Chair, Chicago Bar Association (CBA) Public Utilities Law Committee
- Former Chair, US Justice Department Violent Juvenile Offenders Program
- Former Board Member, Catholic Lawyers Guild of Chicago Board of Governors
- Former Board Member, Chicago Youth Centers
- Former Board Member, Hales Franciscan College Preparatory High School
- Certified Counselor, Lawyers Assistance Program
- Fellow, Agency for Science, Technology and Research
- Founder, yearly middle and high school student mock trial program
- Outstanding Community Service Award, Better Boys Foundation
- Community Service Award, Martin Luther King Boys & Girls Club
Presentations and Publications
- Presenter, “Hearsay: A Rule of Exceptions,” Illinois State-Wide Judicial Education Conference
- Presenter, “Cultural Considerations in Mediation,” US Department of Veterans Affairs
- Presenter, “Viewpoints of Federal and State Court Judges,” Washington University
- Presenter, “Ten Habits of Successful Lawyers,” National Business Institute Judicial Forum
- Panelist, “Advocacy Tips: Conduct at Pretrial,” Law Bulletin Judges Symposium
- Keynote Address, “Brown v. Board of Education,” US Department of Veterans Affairs
- Panelist, “Issues in Telecommunications,” National Association of Attorneys General
- Panelist, “Consumer Protection Under the Illinois Deregulations Statute,” National Association of Attorneys General
- Presenter, “Lawyers and Advertising in Illinois,” CCBA
- Presenter, “Rule 108 Intervention in Multiple Neglect Cases,” Illinois Attorney Disciplinary Commission
Education
- JD, Washington University School of Law
- BA, Creighton University (George M. Pullman Scholar)
Admissions
- Illinois State Bar
Disclosure
I was a sitting judge for over 15 years, have practiced law and have been a mediator and arbitrator since 2017. Many attorneys have tried cases in my courtrooms or mediated or arbitrated a case with me.
Additionally, I am of counsel at Nixon Peabody, LLP.
The disclosures listed above will not affect my neutrality in this dispute.
