Hugh Balsam has been a member of the Firm's appellate section since 1995. He drafts and edits briefs and argues appeals in all areas of the law, including commercial litigation, intellectual property law, insurance liability, bankruptcy law, employment law, constitutional law, product liability, medical litigation, and state and federal procedural law.
His practice is nationwide, in both state and federal courts. He has handled matters in the United States Supreme Court, and has extensive experience in the United States Courts of Appeals for the Federal Circuit and for the Seventh Circuit. He has argued or briefed appeals in most of the other Circuit courts as well, and has briefed or argued cases in numerous state appellate courts.
Hugh firmly believes that legal briefs should not sound like they were written by stuffy lawyers, and he has developed a special ability to simplify technical subject matter so that it can be readily understood by judges who lack technical expertise. In 2011, he published an article in Verdict, the journal of the Trial Section of the American Bar Association, entitled How to Make Technical Briefs Understandable for Generalist Judges. Following up on that publication, he has given frequent presentations at legal seminars, bar association meetings, and law schools across the country on the topic of simplifying complex and technical subject matter.
Hugh wrote chapters on rescission, reformation, and specific performance in the 2011 Handbook of Illinois Causes of Action: Causes of Action (Illinois): Estate, Business & Non-Personal Injury Actions and is co-author of a chapter on rescission and reformation in the 2009 Practice Handbook on Chancery and Special Remedies(updated 2011), both published by the Illinois Institute of Continuing Legal Education. He also co-authored an article, "The Standard of Review in Civil Cases in Illinois: More Than Meets the Eye," that was published in 2003 in the Appellate Law Review.
Hugh has served on the board of directors of the Appellate Lawyers Association of Illinois. He has also taught courses in legal writing as an adjunct professor at The John Marshall Law School. He is an active member of the Chicago Bar Association’s Judicial Evaluation Committee. Hugh has been chosen by his peers as an Illinois Super Lawyer for 2006-2011 and a Leading Lawyer for 2009-2010.
Education
- J.D., summa cum laude, John Marshall Law School, 1995
- B.A., Lawrence University, 1981
- M.M., Northwestern University, Kellogg Graduate School of Management, 1987
Bar Admissions
- Illinois, 1995
- U.S. Supreme Court
Admitted To Practice
- U.S. Court of Appeals for the First Circuit
- U.S. Court of Appeals for the Third Circuit
- U.S. Court of Appeals for the Fourth Circuit
- U.S. Court of Appeals for the Fifth Circuit
- U.S. Court of Appeals for the Sixth Circuit
- U.S. Court of Appeals for the Seventh Circuit
- U.S. Court of Appeals for the Eighth Circuit
- U.S. Court of Appeals for the Ninth Circuit
- U.S. Court of Appeals for the Eleventh Circuit
- U.S. Court of Appeals for the Federal Circuit
- U.S. Court of Appeals for the District of Columbia Circuit
Reported Decisions
- Deutsche Bank Nat’l Trust Co. v. Hall-Pilate, __ N.E.2d __ (Ill. App. Ct. 2011) (mortgage foreclosure—waiver of right to challenge service of process)
- Keeley & Sons, Inc. v. Zurich American Ins. Co., 947 N.E.2d 876 (Ill. App. Ct. 2011) (applicability of arbitration agreement to asserted claim)
- Sanchez v. Rental Service Corp., __ N.E.2d ___ (Ill. App. Ct. 2011) (reversing trial court judgment that refused to enforce workers compensation lien in full amount)
- Fednav Int’l, Ltd. v. Continental Ins. Co., 624 F.3d 834 (7th Cir. 2010) (federal procedure—application of the “American” rule)
- All American Roofing, Inc. v. Zurich American Ins. Co., 934 N.E.2d 679 (Ill. App. Ct. 2010) (claims of fraud, unconscionability, breach of contract in connection with entry of arbitration agreement)
- Clark Investments, Inc. v. Airstream, Inc., 926 N.E.2d 408 (Ill. App. Ct. 2010) (claimed violation of Illinois Motor Vehicle Franchise Act)
- Century Indem. Co. v. Certain Underwriters at Lloyd’s, London, 584 F.3d 513 (3d Cir. 2009) (duties under retrocession agreement)
- Provena Covenant Medical Center v. Department of Revenue, 236 Ill. 2d 368 (Ill. 2010) (Illinois property taxes—hospital’s entitlement to charitable- and religious-use exemptions)
- Varnum v. Brien, 763 N.W.2d 862 (Iowa 2009) (pro bono) (authored amicus brief supporting challenge to Iowa’s ban on same-sex marriage)
- State ex rel. Wagner v. United National Ins. Co., 761 N.W.2d 916 (Neb. 2009) (applicability of regulatory exclusion in D&O policy to claims brought by state insurance liquidator)
- Abbott Labs. v. Sandoz, Inc., 433 F.3d 1341 (Fed. Cir. 2008) (preliminary-injunction standard)
- Baldwin Graphic Systems, Inc. v. Siebert, Inc., 512 F.3d 1338 (Fed. Cir. 2008) (construction of claims for device and method for cleaning a printing press’s cylinder)
- Travel 100 Group, Inc. v. Mediterranean Shipping Co., 889 N.E.2d 781 (Ill. App. Ct. 2008) (claimed violation of federal junk-fax statute)
- Fidelity Nat’l Title Ins. Co. v. Westhaven Properties Partnership, 898 N.E.2d 1051 (Ill. App. Ct. 2007) (whether written-notice provision was material to partnership agreement)
- Del Monte Fresh Produce N.A. v. Transportation Ins. Co., 500 F.3d 571 (7th Cir. 2007) (duty to defend under advertising-injury insurance policy)
- Abbott Labs. v. TorPharm, Inc., 503 F.3d 1372 (Fed. Cir. 2007) (contempt under Hatch-Waxman Act for alleged violation of injunction against FDA)
- Certain Underwriters at Lloyd’s, London v. Argonaut Ins. Co., 500 F.3d 571 (7th Cir. 2007) (timing for naming arbitrator in an international arbitration when the deadline falls on a U.S. holiday)
- Gore v. Indiana Ins. Co., 876 N.E.2d 156 (Ill. App. Ct. 2007) (propriety of inclusion of privilege tax in premium for property insurance)
- Allstate Ins. Co. v. American Home Assur. Co., 837 N.Y.S.2d 138 (N.Y. App. Div. 2007) (reinsurer’s obligation, under follow-the-fortunes doctrine, to accept the reinsured’s post-settlement loss allocation)
- Howard Delivery Service, Inc. v. Zurich American Ins. Co., 547 U.S. 651, 126 S. Ct. 2105 (2006) (whether, under the bankruptcy laws, a creditor may seek priority status in a bankruptcy case to recover unpaid premiums owed for legally required workers’ compensation insurance)
- Razor v. Hyundai Motor America, 854 N.E.2d 607 (Ill. 2006) (availability of warranty and consequential damages under Magnuson-Moss Act and Illinois Commercial Code)
- TIG Ins. Co. v. Giffin Winning Cohen & Bodewes, P.C., 444 F.3d 587 (7th Cir. 2006) (proximate causation in legal-malpractice case)
- SmithKline Beecham Corp. v. Apotex Corp., 439 F.3d 1312 (Fed. Cir. 2006) (whether a product-by-process claim is available for an old prior-art product produced by a new process)
- Mikrut v. First Bank of Oak Park, 832 N.E.2d 376 (Ill. App. Ct. 2005) (availability of Fiduciary Obligations Act to claims of conversation of checks under UCC, Article 3)
- In re J.G. Furniture Group, Inc., 405 F.3d 191 (4th Cir. 2005) (amicus brief) (whether an insurance company could obtain priority under section 507(a)(4) of Bankruptcy Code for claims for unpaid premiums and fees, pertaining to an employee benefit plan, owed by a debtor-employer)
- Combined Ins. Co. of Amer. v. Certain Underwriters at Lloyd’s, London, 826 N.E.2d 1089 (Ill. App. Ct. 2005) (whether dismissal is required under Illinois Code of Civil Procedure when there is a parallel action pending elsewhere between the same parties)
- SmithKline Beecham Corp. v. Apotex Corp., 403 F.3d 1331 (Fed. Cir. 2005) (patent invalidity under doctrine of inherent anticipation)
- In re Howard Delivery Service, Inc., 403 F.3d 228 (4th Cir. 2005) (priority under bankruptcy laws for unpaid workers compensation claims)
- Associated Underwriters of America Agency, Inc. v. McCarthy, 826 N.E.2d 1160 (Ill. App. Ct. 2005) (alleged injury from termination of brokerage agreement)
- Pembroke Country Club, Inc. v. Regency Savings Bank, F.S.B., 815 N.E.2d 241 (Mass. App. Ct. 2004) (reversing judgment on claim of tortious interference and fraud under M.G.L.A. 93A with respect to repayment of commercial note under participation agreement)
- South 51 Development Corp. v. Vega, 809 N.E.2d 122 (Ill. 2004) (challenge to validity of Illinois statutes and rules relating to short-term lending)
- Knorr-Bremse Systeme Fuer Nutzfahrzeuge GmbH v. Dana Corp., 383 F.3d 1337 (Fed. Cir. 2004) (amicus brief) (whether adverse inference that an opinion of counsel was or would have been unfavorable flows from an alleged infringer's failure to obtain or produce an exculpatory opinion of counsel)
- Adkins Energy LLC v. Delta-T Corp., 806 N.E.2d 1273 (Ill. App. Ct. 2004) (jurisdiction for declaratory-judgment action)
- Glaxo Group Ltd. v. Apotex, Inc., 376 F.3d 1339 (Fed. Cir. 2004) (whether filing of Abbreviated New Drug Application without a Paragraph IV certification can constitute an act of willful patent infringement)
- Department of Transportation ex rel. People v. 151 Interstate Road Corp., 810 N.E.2d 1 (Ill. 2004) (appellate jurisdiction and question of good-faith negotiation under Illinois quick-take-condemnation statute)
- RGA Reinsurance Co. v. Ulico Cas. Co., 355 F.3d 1136 (8th Cir. 2004) (court’s authority to modify arbitration award under guise of confirming it)
- Purepac Pharmaceutical Co. v. Thompson, 354 F.3d 877 (D.C. Cir. 2004) (right to 180 days of marketing exclusivity under Hatch-Waxman Act)
- Rosen v. SCIL, LLC, 799 N.E.2d 488 (Ill. App. Ct. 2003) (enforceability of arbitration provision in amended credit card agreement)
- Apotex, Inc. v. Thompson, 347 F.3d 1335 (Fed. Cir. 2003) (challenge to various aspects of Hatch-Waxman Act)
- Board of Trustees of University of Ill. v. Shapiro, 799 N.E.2d 383 (Ill. App. Ct. 2003) (eminent domain—valuation of comparable properties)
- Save the Prairie Soc. v. Greene Development Group, Inc., 789 N.E.2d 389 (Ill. App. Ct. 2003) (necessity of bond to support preliminary injunction)
- Warner-Lambert Co. v. Apotex Corp., 316 F.3d 1348 (Fed. Cir. 2003) (whether it is an act of infringement to submit an ANDA when both the patent on the drug and the patent on the approved use have expired, but there is an active patent covering a non-approved use of the drug)
- South 51 Development Corp. v. Vega, 781 N.E.2d 528 (Ill. App. Ct. 2002) (challenge to statutes and rules relating to short-term lending)
- Thane Int’l, Inc. v. Trek Bicycle Corp., 305 F.3d 894 (9th Cir. 2002) (trademark infringement)
Mocegui v. Public Service Mut. Ins. Co., 821 So. 2d 1189 (Fla. App. Ct. 2004) (insurer’s notice of underlying action against its insured; calculation of damages)
- Lake County Riverboat LP v. Illinois Gaming Board, 773 N.E.2d 159 (Ill. App. Ct. 2002) (entitlement to riverboat gambling license)
- Department of Transportation ex rel. People v. 151 Interstate Road Corp., 777 N.E.2d 369 (Ill. App. Ct. 2002) (appellate jurisdiction and question of good-faith negotiation under Illinois quick-take-condemnation statute)
- Deerfield Ins. Co. v. Warren County Fiscal Court, 88 S.W.3d 867 (Ky. App. Ct. 2002) (insurer’s duty to defend and indemnify County Planning Commission)
- Abbott Labs. v. TorPharm, Inc., 300 F.3d 1367 (Fed. Cir. 2002) (patent validity and infringement)
- Schawk v. Zehnder, 761 N.E.2d 192 (Ill. App. Ct. 2001) (printing company’s entitlement, under Illinois Tax Code, to tax credit available to “manufacturers”)
- Edwards v. Paddock Publications, Inc., 763 N.E.2d 328 (Ill. App. Ct. 2001) (defamation due to mistaken identity)
- Maremont Corp. v. Continental Casualty Co., 760 N.E.2d 550 (Ill. App. Ct. 2001) (how insured must exhaust primary coverage for multi-year occurrence before excess coverage can be triggered)
- Burger v. Lutheran General Hosp., 759 N.E.2d 533 (Ill. 2001) (constitutionality of “tort reform” provisions)
- Knorst v. State Universities Civil Service Syst., 757 N.E.2d 939 (Ill. App. Ct. 2001) (timeliness of request for administrative review)
- Save the Prairie Society v. Greene Development Group, Inc., 752 N.E.2d 523 (Ill. App. Ct. 2001) (propriety of preliminary injunction pending suit to enforce restrictive covenant in deed)
- Clark v. Galen Hosp. Illinois, Inc., 748 N.E.2d 1238 (Ill. App. Ct. 2001) (application of discovery rule to statute of limitations for medical-malpractice action)
- Alvarez v. American Isuzu Motors, 749 N.E.2d 16 (Ill. App. Ct. 2001) (proof of existence of defect when product left defendant manufacturer’s control)
- Ratcliffe v. Apantaku, 742 N.E.2d 843 (Ill. App. Ct. 2000) (establishing that claims for wrongful death and survival may not be brought by pro se litigant)
- Mijes v. Primerica Life Ins. Co., 740 N.E.2d 1160 (Ill. App. Ct. 2000) (whether submission to medical tests was condition precedent to coverage under life insurance policy)
- Evans v. General Motors Corp., 732 N.E.2d 79 (Ill. App. Ct. 2000) (statute of limitations under section 2-725 of the Uniform Commercial Code)
- Legion Ins. Co. v. VCW, Inc., 198 F.3d 718 (8th Cir. 1999) (agreeing that district court erred in vacating only part of arbitration award)
- National Elec. Mfrs. Ass’n v. Gulf Underwriters Ins. Co., 162 F.3d 821 (4th Cir. 1998) (reversing district court and holding that pollution exclusion applies to claims arising from inhalation of manganese fumes)
- Ristow v. Threadneedle Ins. Co., 583 N.W.2d 452 (Wis. Ct. App. 1998) (determination of last significant event constituting breach of contract for purposes of ascertaining statute of limitations under Wisconsin’s “borrowing” statute)
- Prisco Serena Sturm Architects, Ltd. v. Liberty Mut. Ins. Co., 126 F.3d 886 (7th Cir. 1997) (duty to defend under commercial general liability policy)
- Neuberg v. Michael Reese Hosp. Foundation, 123 F.3d 951 (7th Cir. 1997) (standards for opening judgment under Fed. R. Civ. P. 60)
Publications & Presentations
- Co-Author, "How to Make Technical Briefs Understandable for Generalist Judges,"Verdict—The Journal of the Trial Practice Section of the American Bar Association (Spring 2011)
- Co-Author, Chapters: Rescission/Reformation and Specific Performance, Handbook of Causes of Action (Illinois): Estate, Business and Nonpersonal Injury Actions, 2011 Edition, Illinois Institute of Continuing Legal Education
- Co-Author, Chapter: Rescission and Reformation, Handbook on Chancery & Special Remedies, 2009 Edition, Updated 2011, Illinois Institute of Continuing Legal Education
- Co-Author, Article: The Standard of Review in Civil Cases in Illinois: More Than Meets the Eye, 2003, Appellate Law Review
- Editor, Article: A Guide to Illinois Civil Appellate Procedure, 1999, Illinois Appellate Lawyers’ Association
Presentations
- How to Make Technical Briefs Understandable to Generalist Judges, Texas Bar CLE Advanced Appellate Practice Course, Austin, Texas, September 9, 2011
- How to Make Technical Briefs Understandable to, and Maybe Enjoyable for, Generalist Judges, Texas Bar CLE Advanced Patent Litigation Course, San Antonio, Texas, July 15, 2011
- On Simplifying Technical Subject Matter, The John Marshall Law School, 2011 Global Legal Skills Conference, May 6, 2011
- How to Make Technical Briefs Understandable to, and Maybe Even Enjoyable for, Generalist Judges, 26th Annual Intellectual Property Law Conference, American Bar Association, Arlington, Va., April 6, 2011
- How to Make IP Technical Briefs Understandable, BNA Webinar, December 8, 2010
- Simplifying Complicated Briefs, Annual Meeting of Illinois Creditors Bar Association, November 11, 2010
- The Art of Legal Writing, Loyola University Chicago School of Law, September 22, 2010
Professional History
Professional Affiliations & Achievements
- Member, Illinois Appellate Lawyers Association
- Member, Chicago Bar Association, Judicial Evaluation Committee
- Member, Lambda Legal
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