Biography

Kirk C. Jenkins chairs the Appellate Task Force for Sedgwick’s Complex Litigation Division. Mr. Jenkins has maintained an exclusively appellate practice for the past nineteen years, serving as lead appellate counsel in over 170 appeals and many additional interlocutory petitions in state and Federal courts across the country.

Mr. Jenkins has successfully represented clients in complex litigation in a variety of industries, including public utilities; automotive; construction and mining equipment; food manufacturing; electronic components and pharmaceuticals.  He has litigated a broad range of issues, including Federal preemption; electrocution injuries; failure to warn and design defect; the admissibility of economic testimony; price-fixing and essential facilities; groundwater contamination; primary and exclusive administrative jurisdiction; alleged asbestos exposure; the extraterritorial application of Federal and state law, and the certification and decertification of consumer class actions.  He frequently writes for publication and is quoted by the press about emerging issues in appellate business litigation and the dynamics of appellate courts.

Appellate Matters

Administrative Law

• Order suspending manufacturer from doing business in state reversed on administrative appeal. Reversal affirmed by two reviewing courts on grounds that disciplinary authority had suppressed evidence relevant to the charges.

Antitrust

• Appellate counsel in various antitrust actions defending a major manufacturer of TFT LCD products, including a criminal proceeding, 143 consolidated civil class actions, and civil actions by twelve states.
• Summary judgment affirmed in case involving allegations of disparagement, predatory pricing, refusal to deal, essential facilities and RICO.

Attorney Fee Agreements

• Judgment for law firm affirmed, enforcing various fee agreements and modifications as well as judgments for libel and punitive damages.
• Summary judgment affirmed on claim for division of attorney’s fees on grounds that client had not consented to the purported splitting agreement.

Attorney Torts

• Summary judgment affirmed on claims for attorney malpractice where client attempted to renege on settlement to which she gave informed consent.
• Summary adjudication affirmed on claims for attorney malpractice arising out of allegedly inadequate recovery of costs and fees from insurer.
• Judgment for attorney affirmed on claims for malicious prosecution on grounds that attorney had probable cause to institute action.

Capital Punishment

• Represented capital defendant in constitutional challenge to California death penalty on grounds that where defendant had unsuccessfully sought to withdraw earlier automatic appeal, resulting in reversal of first conviction, retrial was violation of double jeopardy clause.
• Represented capital defendant in federal court, challenging standing of third parties to prosecute habeas corpus claim where defendant had made knowing and intelligent decision to dismiss habeas challenge.

Civil Procedure and Appellate Jurisdiction

• Sanctions affirmed in case involving issue of whether party could be compelled to produce electronic files of documents.
• Appeal dismissed where order denying motion to dismiss counterclaim was non-appealable.
• Appeal from order permitting deposit of settlement funds dismissed and order denying motion to set aside judgment affirmed where defendant declined to pay settlement without regard to interests of lien-claimant.
• Order denying motion to set aside judgment affirmed on grounds that, although court had not independently reviewed and approved settlement of incompetent plaintiff’s claims, plaintiff had not shown basis for vacating judgment two years after entry.
• Judgment affirmed on grounds that claim for indemnity barred where defendants had previously settled claims and obtained a determination of good faith settlement.

Commercial Litigation

• Summary judgment on claim for breach of express warranty reversed on grounds that claim had not accrued until possible defect had manifested in actual damage.

Employment Litigation

• Judgment for employer affirmed; claim for failure to promote failed because employee could not prove he had applied for promotion, and claim for wrongful termination failed because employee was bound by his admission that he had resigned.
•  Order striking state law claims brought by former associate against law firm affirmed on grounds that subsequent remand did not void district court’s order of dismissal and that employee’s conduct was not protected by public policy.

Evidence

• Summary judgment affirmed for attorney on grounds that actions taken in connection with family law litigation were covered by litigation privilege.
• Judgment on demurrer affirmed on grounds that claim for defamation and infliction of emotional distress barred by collateral estoppel and the litigation privilege.

Government Litigation

• Jury verdict reversed on grounds that claim was barred by government contractor defense.
• Judgment for city officials affirmed on grounds that plaintiff lacked standing to challenge conditions at city jail.

Insurance

• Representing European insurer in challenge to personal jurisdiction on grounds that worldwide coverage clause does not establish minimum contacts with jurisdiction.
• Judgments reversed on grounds that settlement sum paid, at least in part, for transfer of trademark rights and because valuation of credits was speculative.

Malicious Prosecution

• Dismissal of claims for malicious prosecution and abuse of process affirmed on grounds that plaintiff could not establish favorable termination of previous action and statute of limitations.
• Summary judgment affirmed for sports agent in case alleging malicious prosecution.

Personal Injury

• Summary judgment affirmed on grounds that suit barred by recreational use immunity.
• Jury verdict reversed on grounds that trial court erroneously admitted testimony about alleged prior accident in store.
• Judgment for workout facility affirmed on grounds that contractual waiver of liability was valid and enforceable.
• Judgment affirmed for landlord on grounds that testimony of human factors expert was properly admitted.
• Judgment affirmed for manufacturer on grounds that allegedly improper closing argument of trial attorney was not prejudicial.
• Order staying actions on grounds of forum non conveniens affirmed where claims arose from accident occurring in foreign country, allegedly injuring foreign nationals.

Products Liability

• Representing aircraft modifier in appeal challenging negligence and negligent misrepresentation claims based upon economic loss rule.
• Judgment for defendant affirmed in appeal involving issues of market share liability.

Public Utilities

• Order dismissing claims against utility affirmed where landlord was customer of record for all accounts in building and utility therefore had no statutory duty to inform tenant of impending termination of service for nonpayment.
• Order dismissing claims against utility for personal injury arising from alleged EMF emissions affirmed on grounds that trial court lacked jurisdiction to interfere with state commission’s regulatory scheme regarding such emissions.

Punitive Damages

• Punitive damages reversed on grounds that defendant’s conduct did not, as a matter of law, reach threshold necessary to justify any punitive damages award.

Trade Secrets

• Adverse evidentiary rulings, summary judgments and attorneys’ fees awards reversed in case involving misappropriation of trade secrets.

Affiliations, Activities and Accomplishments

Mr. Jenkins was selected by his peers for inclusion in the 2010-2013 editions of Best Lawyers in America in the field of appellate law.  He has also been recognized as a Seventh Circuit Litigation Star in the 2012-2013 editions of the Benchmark Appellate guide.  He is designated as a Certified Specialist in Appellate Law by the State Bar of California Board of Legal Specialization. (The Supreme Court of Illinois does not recognize certifications of specialties in the practice of law, nor are such certificates, awards or recognition a requirement to practice law in Illinois.) He is a member of the American Bar Association Council of Appellate Lawyers, the American Economic Association, the Legal Writing Institute, the Illinois Appellate Lawyers Association and the Chicago Bar Association.

He was elected to membership (2006) in the American Law Institute (ALI), an authoritative body that develops and publishes the various Restatements of Law and collaborates in the publication of model codes. ALI membership is by election only and is limited to 3,000 attorneys, law professors and judges from the U.S. and over two dozen foreign countries. Mr. Jenkins serves on four ALI Members’ Consultative Groups: Restatement (Third) of Torts: Intentional Torts to Persons; Restatement (Third) of Torts: Liability for Economic Harm; Restatement (Third): The U.S. Law of International Commercial Arbitration and Principles of the Law of Liability Insurance.

Mr. Jenkins was elected to membership (2002) in the California Academy of Appellate Lawyers. Academy membership is limited to attorneys with substantial experience in the appellate courts, and members are elected only after rigorous scrutiny of their appellate practice skills. For more information, see the academy's web site, www.calappellate.org .

Mr. Jenkins is a member of a variety of historical and architectural preservation groups, and is a Life Member of the Lincoln Forum. He regularly lectures and writes for publication on historical and preservation topics.

Presentations and Publications 

Mr. Jenkins’ recent presentations include:

• Lawyers’ Guide to Using Social Media for Professional and Client Development," Practicing Law Institute, San Francisco, California, May 2, 2012.
•  “Coming Attractions: What to Expect in the Appellate Courts, and What to Do (and Not Do) Once You’re There,” Sedgwick LLP Chicago Seminar Series, July 2011.

•  “Punitive Damages Post-Campbell : Using Recent Decisions to Your Client's Advantage,” American Conference Institute's 13th Advanced National Forum: Bad Faith and Punitive Damages, San Francisco, California, April 28, 2006.

Mr. Jenkins’ recent publications include:

• “Iskanian v. CLE Transportation: Will California Fall in Line on Class-Wide Arbitration Waivers,” Washington Legal Foundation, February 8, 2013.
• “The Kilbride Court After Two Years: Pragmatic and Collegial,” Law360.com, January 24, 2013.
• “The Illinois Supreme Court 2012: Year in Review,” Law360.com, January 15, 2013.
• “Supreme Court to Consider Mailbox Rule,” WorkCompCentral.com, January 7, 2013.
• “Supreme Court Adopts Nerve Center Test for Corporate Citizenship in Diversity,” Sedgwick News Flash (February 2010).
• He is a contributor to Sedgwick’s Appellate Strategist blog.