Iain Johnston

For almost 20 years, Iain has litigated a wide array of government and commercial matters.  He has tried numerous cases (both jury and bench) in both Illinois state and Federal courts.  Iain has also presented arguments before the Illinois Appellate and Supreme Courts and the U.S. Court of Appeals for the Seventh Circuit.

On behalf of government clients, Iain’s experience includes constitutional, civil rights, employment, tax refund, TIF and condemnation matters.  As a Special Assistant Attorney General, he represents the Illinois Division of Insurance in cases challenging various taxes and the Illinois State Police in wrongful conviction, whistle blower and Freedom of Information Act cases.  Iain also serves as an administrative law judge for the Division of Insurance, the Illinois State Police, and the Illinois Drycleaners Environmental Response Trust Fund Council.  He has analyzed and created police department policies and general orders for the Chicago Police Department and numerous suburban departments.  Iain has also conducted internal investigations of police departments.  For private clients, Iain has litigated shareholder disputes, non-compete, employment discrimination, breach of contract and land-use cases.  He has represented both insurers and insureds in coverage, fraud and breach of fiduciary duty cases.

In 1990, Iain graduated cum laude from The John Marshall Law School, where he is currently an adjunct professor.  Three years earlier, he graduated cum laude from Rockford College.  After graduating from law school, Iain was a judicial law clerk for Judge Philip G. Reinhard of the Illinois Appellate Court, Second District, and the U.S. District Court for the Northern District of Illinois.  Iain then became an Assistant Attorney General, rising to the position of Unit Supervisor of the Civil Prosecutions Unit.  Thereafter, he joined Altheimer & Gray, where he made partner in 2002.  From 2003 to 2008, Iain was a Senior Counsel at Holland & Knight.

In 2002, the Illinois State Bar Association named Iain "Young Lawyer of the Year."  And in 2000, he received the Illinois State Police Department's Special Award for his successful representation of the Department.

The following is a sample list of Iain’s past representations:

• Obtained $1.5 million judgment in favor of Chicagoland grocer against national grocery chain regarding restrictive covenant.  (See Court's Opinion in 2526 West Cermak v. Jetco Properties, et al)
• Obtained unanimous jury verdict in favor of suburban police officer and municipality in civil rights lawsuit filed in the U.S. District Court for the Northern District of Illinois.
• Negotiated favorable settlement for minority shareholder of national real estate development company.
• Appointed defendant class counsel to represent hundreds of Illinois municipalities in telecommunication fee refund action, successfully arguing in favor of summary judgment as to claim seeking hundreds of millions of dollars in refunds.
• Successfully represented Illinois State Police in high-profile putative class action alleging racial profiling.  (See Court's Opinion in Chavez and Lee v. Illinois State Police, et al)
• Prevailed on behalf of municipality in month-long bench trial challenging the creation of a tax increment financing district, which was affirmed on appeal.  (See Court's Opinion in Capital Fitness of Arlington Heights v. Village of Arlington Heights)
• Successfully defended constitutionality of Illinois insurance taxes and refunding procedures in Illinois Appellate and Supreme Courts.  (See Courts' Opinions in Sun Life Assurance Company of Canada v. Deirdre K. Manna, Nationwide General Insurance Company v. Illinois Department of Insurance, et al, and Milwaukee Safeguard Insurance Company, et al v. Stephen F. Selcke, et al)
• Obtained jury verdict in favor of law enforcement command officer in two-week federal trial alleging retaliation, thereafter obtained reversal of judgments against other command officers after appointed to represent them on appeal; and then successfully opposed the plaintiff's petition for certiorari to the U.S. Supreme Court.  (See Appellate Court's opinion in Michale Callahan v. Steven M. Fermon, et al)
• Obtained jury verdict in favor of state trooper in week-long federal trial alleging excessive force.
• Represented municipality in defeating constitutional challenge to historic preservation designation.  (See Court's opinion in Nevel v. Village of Schaumburg, et al)
• Defended universities, professors and staff in various civil rights and employment cases.  (See Courts' opinions in Jones v. Northern Illinois University, et al, Debs v. Northeastern Illinois University, et al, and Qvyjt v. Dr. Chhiu-Tsu Lin, et al)
• Successfully represented Village manager in federal civil rights suit alleging retaliation.  (See Court's opinion in Gerald M. McLaughlin v. Richard Casler, et al)
• Obtained reversal of Illinois Department of Human Rights and Human Rights Commission in Illinois Appellate Court, which repeatedly, positively commented on Iain’s actions to protect the rights of his client.  (See Court's opinion in Argenbright Security v. Illinois Human Rights Commission, et al)

The following is a sample list of Iain’s publications:

• Sentencing, ILLINOIS CRIMINAL PROCEDURE (4th ed. 2004)
• Summary Judgment Motions in the Northern District: The Importance of Local  Rules 12M and 12N, CBA Record (April 1998).  Cited by:
  • McNeela v. United Air Lines, 1999 U.S. Dist. LEXIS 20042, *1 fn. 1 (N.D. Ill. 1999)
  • Larson v. Evanston Northwestern Healthcare Corp., 1999 U.S. Dist. LEXIS 11380, *16 fn. 2 (N.D. Ill. 1999)
  • Real Colors, Inc. v. Patel, 39 F. Supp. 2d 978, 985 (N.D. Ill. 1999)
  • Mount v. La Salle Bank, 1998 U.S. Dist. LEXIS 10252, *12 fn. 4 (N.D. Ill. 1998)
  • Crawford v. Bank of America, 181 F.R.D. 363, 364 (N.D. Ill. 1998)
  • Pippitone v. U.S., 17 F. Supp. 2d 793, 799 fn. 4 (N.D. Ill. 1998)

• Federal Courts’ Authority to Impose Sanctions for Prelitigation or Pre-Order Spoliation of Evidence, 156 F.R.D. 313 (1994).  Cited by:
  • United Medical Supply Co. v. U.S., 77 Fed. Cl. 257, 268 (U.S. Ct. Cl. 2007)
  • McGinnity v. Metro-North Commuter R.R., 183 F.R.D. 58, 60 (D. Conn. 1998)
  • Restaurant Management Co. v. Kidde-Fenwal, Inc., 986 P.2d 504, 507 (Ct. App. N.M. 1999)

• Contention Interrogatories in Federal Court, 148 F.R.D. 441 (1993).  Cited by:
  • Brassell v. Turner, 2006 U.S. Dist. LEXIS 49810, *9-10 (S.D. Miss. 2006)
  • In re Savage, 303 B.R. 766, 773-74 (Bank. Dist. Md. 2003)
  • Exxon Research & Engineering Co. v. U.S., 44 Fed. Cl. 597, 601 (U.S. Ct. Cl. 1999)

• Problems in Imposing Extended-Term Sentences Under Section 5-5-3.2(b)(2) of the Unified Code of Corrections, 25 J. Marshall L. Rev. 491 (1992).  Cited by:
  • People v. Lindsay, 247 Ill. App. 3d 518, 532-34, 617 N.E.2d 389, 398-400 (Ill. App. Ct. 2d Dist. 1993)