In one of several articles following Mr. Leydig's success at
trial in To-Am Equipment Company v. Mitsubishi-Caterpillar Forklift
America, Inc., the Chicago Daily Law Bulletin - in its
"Amicus Curious" column - - revealed that the case was
the trial judge's first jury trial. Judge Frank H. Easterbrook
has been a federal appellate judge since 1985. He was appointed
direct from academia and, as reported by the Chicago Daily
Law Bulletin, was occasionally criticized for his lack of
trial-judge experience. To deflect that criticism, Judge Easterbrook
has taken it upon himself to be specially designated during the
appellate court's summer recesses so he can preside over trials
at the district court level. As it turned out, the To-Am case
was his first jury trial. Gary Leydig, who successfully obtained
a $1.525 Million verdict and judgment for his client in that case,
is reported by the Daily Law Bulletin as saying "Easterbrook
did a bang-up job."
In the years following the trial, the To-Am case has taken on
significant importance in advancing the rights of wrongfully terminated
dealers and distributors. "What's interesting about Judge
Easterbrook's involvement in that case is that we ended up with
essentially two appellate court decisions," says Leydig.
"In addition to the formal opinion of the Seventh Circuit
affirming the judgment, we have Judge Easterbrook's rulings and
orders upholding our causes of action and the jury's verdict at
the trial court level. As you'd expect, they are very well reasoned
and are, in fact, the pronouncements of a sitting circuit court
judge." Sort of two for the price of one. Click
here to read the Seventh Circuit's opinion.
