Hon. Dennis J. Burke, (Ret.)

Hon. Dennis J. Burke, (Ret.) is a highly-regarded mediator and arbitrator with a wealth of experience garnered from his 15 years serving on the Circuit Court of Cook County. During his tenure on the bench, he conducted approximately 2,200 settlement conferences while presiding over hundreds of commercial cases and jury trials. In private practice, Judge Burke worked with transactional attorneys to navigate and negotiate many contract cases and was an expert in asbestos litigation. An early advocate of dispute resolution, he has won acclaim for his settlement skills and is also well known for his keen ability to build trusting relationships with all parties during the dispute resolution process.

Types of Cases Resolved

Accounting Malpractice
Asbestos/Mesothelioma
Bad Faith
Cannabis
Class Action
Construction
Construction Defect
Contract
Copyright
Data Privacy
Directors & Officers (D&O)
Discrimination
Employment

Errors & Omissions (E&O)
Estates
Federal Employers Liability Act (FELA)
Fiduciary Duty
Finance
Harassment
Insurance Coverage
Legal Malpractice
Mass Torts
Mechanics Lien
Medical Malpractice
Nursing Home
Partnership Dispute

Personal Injury
Probate
Product Liability
Professional Malpractice
Property Damage
Real Estate
Securities
Sexual Abuse
Subrogation
Toxic Tort
Trusts
Uninsured & Underinsured Motorist (UM&UIM)
Wrongful Death

ADR Experience and Qualifications

Since joining ADR Systems in 2012, Judge Burke has served as a full-time mediator, arbitrator, tri-panel chair and special master
15-year judicial career including Judge in the Law Division, Circuit Court of Cook County, 1997-2012
While managing approximately 700 commercial cases, Judge Burke initiated “Mediation for Discovery Purposes Only,” in which outside mediators are appointed to resolve complicated discovery disputes for cases in the Circuit Court of Cook County

23-year legal career in private practice, including Partner, Burke & Burke, 1975-1997
Approved Mediator, Circuit Court of Cook County

Representative Cases

Asbestos/Mesothelioma: settled various matters involving asbestos exposure and mesothelioma
Aviation: plane crash in the Netherlands involving 125 plaintiffs and a prominent airline; national and international law firms brought to the table to address preliminary legal issues, such as jurisdiction and federal preemption, eventually leading to settlement of all cases
Bad Faith and Insurance Coverage: alleged arson and Section 155 issues
Construction Accident: rulings on motions in limine settled for $3.1 million
Contract: arbitration involving breach of fiduciary duty, breach of executive employment agreement, disclosure of confidential information and non-compete agreement
Contract: arbitration with issues of age discrimination, promissory estoppel and fraudulent estoppel
Contract: commercial matter involving discovery issues with a multi-million dollar settlement; parties’ business relationship preserved through mediation
Contract: dispute regarding a billboard atop a building near Wrigley Field; settled through mediation, preserving parties’ business relationship
Contract: non-payment of claims; detailed explanation and clarification during mediation process brought the parties to settlement
Contract: parties with longstanding business relationship agreed to continue doing business under newly negotiated terms
Contract: issues involving FDIC and mortgage foreclosure settled through mediation
Contract: settled a dispute for $400,000 involving malicious prosecution and intentional interference with prospective economic advantage involving the sale of property

Contract: settlement of a bench trial involving a $60 million contract dispute between a major investment banking corporation and a Fortune 500 international company
Employment and Contract: claims of back pay between physician group and insurance company; kept parties on track toward multi-million dollar settlement during heated negotiations
Insurance Coverage and Contract: commercial mediation involving more than a dozen lawyers who represented individual parties and insurance companies in two lawsuits; settled all economic and non-economic issues
Insurance Coverage and Property Damage: warehouse office fire settled for $14 million
Legal Malpractice: bench trial involving a securities fraud “blue sky” case; settled for $15 million
Mass Torts: settled hundreds of mesothelioma and asbestos cases
Medical Malpractice: child severely injured at birth; appointed guardian ad litem settled for $35 million
Medical Malpractice: hypoxic brain injury to an infant at birth; case settled for $11 million
Subrogation and Contract: thousands of experimental rats lost when alarm failed to signal changes in regulated room temperature
Wrongful Death: settled lawsuit involving infant for $2.4 million
Wrongful Death: settlement of twenty wrongful death and severe injury cases resulting from one vehicular accident for more than $4.7 million

Professional Activities and Awards

Master of the Bench, Chicago Inn of Court
Board of Directors, Criticism Response Committee, Illinois Judges Association
Former President, The Illinois Bar Foundation
Former Treasurer, Board of Governers, Illinois State Bar Association (ISBA)
Charter Member, The Fellows of the Illinois Bar Foundation
Listed in Who’s Who in American Law and Who’s Who in Emerging Leaders in the US

Named leading attorney in personal injury litigation, American Research Corporation
AV rated Martindale-Hubbell
Life Fellow, American Bar Association
Distinguished Service Award, John Marshall Law School Alumni Association
Acknowledged in a resolution by Chicago City Council for Judicial Service in Child Protection

Presentations and Publications

Presenter, “Ethical Considerations Encountered by Insurers and Counsel When Handling Multiple Insureds Under Single Policy,” Claims and Litigation Management Alliance
Presenter, Chicago Bar Association (CBA), Young Lawyers Section
Presenter, “Making the Most of Your Arbitration,” CBA
Presenter, Commercial Litigation and Ethics, ISBA Law Ed seminar
Seminar Committee Member and Presenter, “Ruling on Objections and Admissibility,” Illinois Judges Association

Seminar Committee Member and Presenter, “Issues in Child Abuse Cases,” appointed by the Supreme Court
Presenter, ISBA Tort Law Section Council’s Tort Law Update
Presenter, Illinois State Court Improvement Project
Mock Trial Judge, Citywide Mock Trial Competitions
Presenter, numerous Continuing Legal Education (CLE) programs for ADR Systems on various topics
Presenter, “Mediating an Insurance Coverage Case – A Mediator’s Perspective,” American Association for Justice Annual Convention

Education

JD, John Marshall Law School
BA, St. Mary’s University

Admissions

Illinois State Bar

Disclosure

I was a sitting judge for over 15 years, have practiced law with Burke & Burke, Chicago, for 23 years and have been a mediator and arbitrator since 2012. Many attorneys have tried cases in my courtrooms or mediated or arbitrated a case with me.

Additionally, I have two family members working as of counsel at Dudley & Lake and as a paralegal at Cogan & Power, PC.

The disclosures listed above will not affect my neutrality in this dispute.

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