Hon. Joseph N. Casciato, (Ret.)
IllinoisNeutral AvailabilityHon. Joseph N. Casciato, (Ret.) is a senior mediator and arbitrator at ADR Systems. His trademark is his ability to guide even the most recalcitrant parties to settlement, settling more than 91% of his mediations. He is well known for his thorough case preparation, positive attitude and pleasant personality.
Types of Cases Resolved
- Bad Faith
- Business Dissolution
- Class Action
- Construction
- Construction Accidents
- Construction Defect
- Contract
- Employment
- Federal Employers Liability Act (FELA)
- Fiduciary Duty
- Franchise
- Insurance Coverage
- Legal Malpractice
- Medical Malpractice
- Nursing Home
- Partnership Dispute
- Personal Injury
- Product Liability
- Professional Malpractice
- Property Damage
- Re-Insurance
- Retaliatory Discharge
- Sexual Abuse
- Subrogation
- Wrongful Death
- Wrongful Termination
ADR Experience and Qualifications
- Since joining ADR Systems in 2004, Judge Casciato has served as a full time mediator, arbitrator, discovery master and independent neutral
- 22-year judicial career including Circuit Court of Cook County Law Division, Law Jury and Motion Call D
- 10-year legal career including Of Counsel at Rusin Maciorowski & Friedman, Ltd. and Assistant Corporate Counsel, City of Chicago; Associate, William J. Harte, Ltd.
- Approved mediator, Circuit Court of Cook County
Representative Cases
- Bad Faith, Contract and Insurance Coverage: dispute arising from asbestos exposure during plumbing work performed at a public school; sub-contractor held its own insurance coverage and was an additional insured under the policy of general contractor; sub-contractor sought contribution from general contractor and asserted breach of contract claims against both insurers, as well as claims of bad faith under the Illinois Insurance Code; all issues successfully mediated
- Class Action: mediated more than 1,000 cases involving a grocer-branded tea
- Class Action and Insurance Coverage: involving E-Coli and complicated insurance coverage issues; settled more than 4,500 claims
- Construction Defect: multi-party case involving claims of faulty design in construction of bridge
- Contract and Franchise: multi-state restaurant chain break-up and reorganization; settled disputes with all franchisees
- Contract: mediation settled multiple claims between manufacturer of porcelain tile and sub-contractor that precast the tile into slabs for large construction project; tile experienced adhesion failure and remedial work was necessary; sub-contractor allegedly agreed to pay half of remediation costs, but then failed to pay; manufacturer paid remediation costs, and asserted claims against sub-contractor for breach of contract, unjust enrichment and promissory estoppel
- Fiduciary Duty, Franchise and Restrictive Covenants: dispute between large Chicago pizza chain and franchisee; resolved in tri-panel arbitration
- Insurance Coverage and Construction Defect: settlement of a large, multi-party defect case involving many insurance coverage issues
- Medical Malpractice: settled $7.5 million dispute where patient received catastrophic brain injury and neurological damage
- Personal Injury: mediated case in which a woman was hit by a commuter train and sustained severe injuries, alleged confusing boarding instructions; settled for $7.5 million
- Product Liability: complicated case involving several product liability issues and the federal preemption doctrine; case ultimately decided in the US Supreme Court
- Property Damage: settled $5 million commercial property damage case with many layers of insurance coverage in dispute
- Toxic Tort: mediated numerous cases involving lead paint
- Workplace Injury: settled $5.49 million multi-plaintiff case against single employer as a result of an industrial accident
- Wrongful Death: settled $25 million case in which four people were stranded in Lake Michigan after a disrepaired boat took on water, leading to three deaths
Professional Activities and Awards
- Former Adjunct Professor of Law, DePaul University College of Law
- Former Chair, Illinois Supreme Court Discovery Committee to review and draft the Supreme Court rules in civil litigation
- Appreciation Award, CBA Young Lawyers Association
- Man of the Year Award, Ferternal Order of Police
- Leading Lawyers, Top 10 ADR, Personal Injury Neutral
- Board Member, Illinois Racing Board, appointed by the Governor
- Member, Chicago Bar Association (CBA)
- Member, Illinois State Bar Association (ISBA)
- Member, Justinian Law Society
- Member, Illinois Judges Association
- Former Contributor, Cabrini Green Legal Clinic
- Legal Consultant and Advisor, National Hockey League Players Association
Presentations and Publications
- Presenter, “Complex Litigation and Civil Procedure,” CBA and ISBA
- Presenter, “Motion Practice,” CBA, Young Lawyers Section
- Presenter, various presentations on behalf of the Law Division of the Cook County Circuit Court
- Presenter, various presentations on behalf of the ISBA
- Presenter, “Summary Judgments,” Illinois Supreme Court Judicial Conference
- Presenter, numerous Continuing Legal Education (CLE) programs for ADR Systems on various topics
Education
- JD, DePaul University College of Law
o Bancroft-Whitney Award for excellence in commercial law
o Dean’s List - BA, Loyola University Chicago
Admissions
- Illinois State Bar
- US District Court for the Northern District of Illinois
- US Court of Appeals for the Seventh Circuit
- US Supreme Court
Disclosure
I was a sitting judge for over 22 years, have practiced law and have been a mediator since 2004. Many attorneys have tried cases in my courtrooms or mediated or arbitrated a case with me.
Additionally, I have one family member working at Curcio & Casciato.
The disclosures listed above will not affect my neutrality in this dispute.
