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Edward A. Wallace, Partner / Chicago
- Antitrust Litigation
- Business and Commercial Litigation
- Securities & Corporate Governance
- Healthcare Litigation
Ed joined the firm in February 2000, soon after its founding by Ken Wexler. Since then, he has helped lead the firm to national prominence. He became a partner in 2003. Ed focuses his practice on complex multi-party litigation, and he has been appointed to leadership positions in numerous high-profile cases, including recent appointments in securities and mass tort litigation. Ed has been critical in the development of the firm’s mass tort practice and, in the process, he has gained a national reputation for integrity, efficiency, strategic planning, understanding the relevant science, and achieving success.
In the 2011 inaugural edition of Benchmark Plaintiff, The Definitive Guide to America’s Leading Plaintiff Firms & Attorneys, Ed was honored as a “Local Litigation Star” in its Illinois rankings in consumer protection. He has received this honor in 2012, 2013, 2014 and 2015. In 2014, Ed also was named an Illinois Super Lawyer, an honor given to no more than 5 percent of attorneys in the state. He was recognized as a “Rising Star” by Super Lawyers for the practice areas of class actions and mass torts in 2009. Ed was rated by peers in the Bar and given an AV® Preeminent™ rating by Martindale-Hubbell, the highest rating a lawyer can obtain, indicating a very high to preeminent legal ability and exceptional ethical standards.
APPOINTED & REPRESENTATIVE POSITIONS
In re C.R. Bard, Inc. Pelvic Repair Systems Products Liability Litigation (MDL No. 2187)
In re American Medical Systems, Inc. Pelvic Repair Systems Products Liability Litigation (MDL No. 2325)
In re Boston Scientific Corp. Pelvic Repair Systems Products Liability Litigation (MDL No. 2326)
In re Ethicon, Inc. Pelvic Repair Systems Products Liability Litigation (MDL No. 2327)
Ed was recently appointed to the plaintiffs’ steering committee (“PSC”) by Chief Judge Goodwin of the United States District Court for the Southern District of West Virginia in each of these consolidated federal court proceedings relating to the implantation of transvaginal surgical mesh. Transvaginal mesh is a surgically-implanted medical device used to treat Pelvic Organ Prolapse (POP) and Stress Urinary Incontinence (SUI), conditions that may occur after surgery, childbirth and pregnancy. The mesh is placed transvaginally and intended to alleviate the pain and discomfort that is accompanied with these conditions. In October 2008, the FDA issued a public health notification alerting healthcare providers of the increasing number of serious health issues associated with the placement of transvaginal mesh. Then in July of 2011, the FDA strengthened its warning against using these devices – advising that they should only be used in situations where no other option is available and where the patient has been given complete and adequate warnings of the potential for these products to lessen the quality of the patient’s life. In addition to being a member of the PSC that will help lead this litigation, Ed and Wexler Wallace have been at the forefront of state court litigation in Delaware, Minnesota and New Jersey where the first trials will begin later this year. Wexler Wallace represents hundreds of women from around the Country for injuries they have suffered as a result of the implantation of these devices.
Illinois Funeral Directors Association Litigation, (Multiple Cases).
On behalf of funeral directors in the State of Illinois, Ed serves as Lead Counsel in this class action aimed at restoring the trust monies that were dissipated from the IFDA Services, Inc. Preneed Trust (the Trust), which had more than $300 million in assets that were supposed to pay for funerals of Preneed planning customers. This matter recently settled for $41,250,000.
In re Kugel Mesh Hernia Patch Products Liability Litigation, MDL No. 1842 (D.R.I.).
Ed is a member of Plaintiffs Steering Committee (“PSC”) in both Rhode Island State Court and in the consolidated Federal Court proceedings in the District of Rhode Island, where thousands of cases are pending against manufacturers of the Composix Kugel Mesh Patch. Publicly reported settlements in these cases exceed $184M. Ed is Chair of the Law and Briefing Committee and was also a member of the trial teams for every case selected for trial in the Federal and State Court proceedings. His significant role in this matter has given Ed the privilege to work with lawyers from all over the country with similar cases. Read more.
Toprol — In re Metroprolol Succinate End-Payor Antitrust Litigation, Case No. 06-071-GMS (D. Del.).
Ed is co-chair of the discovery committee in this antitrust class action brought by third-party payors and consumers against AstraZeneca LP and various related drug companies. The case alleges that, in violation of federal antitrust laws, as well as state unfair competition laws, AstraZeneca improperly manipulated patent filings and filed baseless patent infringement lawsuits in an effort to prevent generic versions of the drug Toprol-XL from entering the market. Among other things, this unlawful conduct has caused end payors for Toprol-XL to pay significantly higher costs than they should have. Read more.
Virginia M. Damon Trust v. Mackinac Financial Corp., f/k/a North Country Financial Corp., Case No. 2:03-CV-0135 (W.D. Mich.).
Ed served as Co-Lead Counsel in this derivative action brought on behalf of Mackinac Financial Corp., which involved allegations of gross mismanagement by former chief executive officers of what was formerly known as North Country Bank and Trust resulting in millions of dollars in bad loans and other losses incurred by the bank and its shareholders. The case was litigated for years, brought to the brink of trial and settled after the Honorable Gordon J. Quist entered an order denying the bulk of defendant’s motion for summary judgment and denying defendant’s motions in limine to exclude the plaintiff’s experts. In approving the settlement, Judge Quist addressed the efforts of plaintiff’s counsel stating, “…the plaintiff’s lawyers did a good job. I mean they were successful almost a hundred percent…” Read more.
List v. List, Case No. 96-CH-845 (Ill. Cir. Ct. Cook County).
Ed was lead counsel in this case alleging mismanagement and waste at this closely held manufacturing concern. The firm was retained by shareholders after a decade of litigation. Ed was lead trial counsel in the bench trial regarding fee claims against the clients; Judge Nancy Arnold rendered a verdict in favor of the clients and the remainder of case settled for a confidential amount after the firm pursued discovery relating to financial transactions of the company’s former chief executive officer. Read more.
- American Bar Association
- Illinois State Bar Association
- Chicago Bar Association
- Illinois Trial Lawyers Association (ITLA)
- American Association for Justice (AAJ)
- Co-Chair, AAJ Kugel Mesh Litigation Group (2007-2012)
- Public Justice, Class Action Preservation Project
PUBLICATIONS, PRESENTATIONS & TEACHING
- Guest Lecturer on Class Actions and Mass Tort Practice at the Loyola University Chicago School of Law
- Co-author: “Composix® Kugel® Mesh: A Primer”, AAJ Newsletter for the Section on Toxic, Environmental & Pharmaceutical Torts (Spring 2008).
- Accountability: “Believe it or Not, Shutts Allowed It”, American Bar Association Consumer and Personal Rights Litigation Newsletter (Fall 2001).
- State of Illinois
- U.S. District Court, Northern District of Illinois (member of Trial Bar)
- U.S. District Court, Southern District of Illinois
- U.S. District Court, Western District of Michigan
- U.S. District Court, Eastern District of Wisconsin
- U.S. District Court, District of Colorado
- U.S. Court of Appeals, First Circuit
- U.S. Court of Appeals, Third Circuit
- U.S. Court of Appeals, Seventh Circuit
- J.D., DePaul University, 1995
- B.A., Eastern Illinois University, 1991
AWARDS & ACADEMIC LEADERSHIP
- 2014 – 2017 Illinois Super Lawyer
- 2011-2015 Benchmark Plaintiffs’ Local Litigation Star
- 2009 “Rising Star” by Super Lawyers
- Semi-finalist, Annual Moot Court Competition, DePaul University College of Law
- National Moot Court Team, Rendig’s National Product Liability Competition, Cincinnati, Ohio