For more than a decade, attorney Misty Martin has represented companies in general and complex litigation. Ms. Martin defends client interests in products liability, transportation, insurance coverage, employment, breach of contract, and commercial litigation.
Ms. Martin has successfully defended product liability claims on behalf of numerous companies in a variety of industries, including actions involving riding lawnmowers, motorcycles, hunting gear, and medical devices. Ms. Martin also counsels healthcare facilities, restaurants and clothing retailers in employment and breach of contract matters across several industries.
In addition to her litigation practice, Ms. Martin works with companies to proactively mitigate their risk through consultations and contractual agreements. She also represents various transportation and logistics companies in state and federal courts across the country.
Ms. Martin is experienced in all stages of litigation, including the coordination of discovery, trial preparation, client development, depositions, court appearances, fact investigation, and the drafting of pleadings, motions, and briefs in state and federal jurisdictions. Notably, she was a member on the team that recently obtained a landmark civil rights settlement of $22.5 million from the City of Chicago, the largest amount paid to a single plaintiff in the city’s history. See Kathleen Paine v. City of Chicago, et al.
Through her work with the Chicago Lawyers Committee for Civil Rights, Ms. Martin handles pro bono employment and disability discrimination cases in the northern district of Illinois. She also volunteers at women’s shelters in the Chicagoland area through HELP. An avid runner, Ms. Martin has completed five marathons across the country.
Obtained a landmark $22.5 million settlement in a civil rights violation matter against the City of Chicago, involving a young, mentally ill woman who suffered life-altering injuries after police released her in a high-crime neighborhood.
Won defense verdict after federal court jury trial on behalf of defendant lawn mower manufacturer in alleged product liability and negligence case.
Won summary judgment and motion to dismiss in race discrimination and retaliation claim on behalf of healthcare employer.
Won dismissal and obtained no probable cause finding in sexual harassment and discrimination case in state agency proceeding filed by a female bartender.
Obtained summary judgment for Kawasaki Motor Corporation and Kawasaki Heavy Industries in a high-exposure class action Federal Odometer Fraud lawsuit. The court's decision relieved clients from a potential $42 million setback and secured a major victory affecting all motor vehicle and motorcycle manufacturers throughout the United States.
Achieved summary judgment for BGHA, Inc. in a negligence, product liability, and warranty action involving a man who fell from a hunting tree stand.
Won summary judgment in wrongful death lawsuit on behalf of a ventilator manufacturer.
Won defense verdict after arbitration for transportation defendant in tractor trailer motor vehicle accident.
Defended and obtained favorable resolution for Domain Corporation in alleged trademark infringement, cybersquatting and RICO violation class action suit.
Obtained partial motion to dismiss for an Illinois school district based on the Illinois Tort Immunity Act.
University of Rhode Island, B.S., 1998, cum laude, Dean's List
New England School of Law, J.D., 2003, cum laude, Dean's List
New Hampshire, 2004 (voluntary inactive status)
U.S. District Court, Central District of Illinois, 2008
U.S. District Court, Northern District of Illinois, 2006
U.S. District Court of Massachusetts, 2003
U.S. District Court of New Hampshire, 2004
U.S. District Court, Eastern District of Wisconsin, 2006
Bumba v. Pavilion Found., 2013 U.S. Dist. LEXIS 31701 (C.D. Ill. Mar. 7, 2013).
Baxter v. Kawasaki Motors Corp., 2012 U.S. Dist. LEXIS 166531 (N.D. Ill. Nov. 13, 2012)
Paine v. Cason, 678 F.3d 500 (7th Cir. Ill. 2012).
Paine v. Berglind, 2012 U.S. Dist. LEXIS 182859 (N.D. IL 2011).
Barrett v. Davol, Inc., 2010 U.S. Dist. LEXIS 113369 (D.R.I. Oct. 21, 2010).
Malen v. MTD Prods., 628 F.3d 296 (7th Cir. Ill. 2010).
Baxter v. Kawasaki Motors Corp., U.S.A., 2008 U.S. Dist. LEXIS 111559 (N.D. Ill. July 17, 2008).
Hill v. C.R. Bard, Inc., 582 F. Supp. 2d 1041 (C.D. Ill. 2008).
- Co-author, "If You Catch an Employee Sleeping on the Job, It May Expose You to Liability," The Logistics Journal (November 2013).
- "Compelling a Corporate Witness to Trial: A Tale of Two 'Plain Meanings,'" The Transportation Lawyer (July 2013).
- "Don't Get Caught Spoiling Evidence: What You Should Know If You Think You Might Be Sued," The Logistics Journal (January 2013).
- Co-author, "Cargo Security: Container Security Initiative: is it working and at what cost?" DRI's In Transit, Volume 1, Issue 11 (February 5, 2008).
PROFESSIONAL AND CIVIC INVOLVEMENT
Chicago Bar Association
Illinois State Bar Association
Transportation Intermediaries Association
Transportation Lawyers Association
Women's Bar Association of Illinois
Pro Bono Attorney, Northern District of Illinois Settlement Assistance Program
Pro Bono Attorney, HELP Program
New England Scholar Award, Recipient, 2001, 2002 (awarded to top 10% of class)
Editor, New England Law Review (2002)
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