Harvey Barnett is a highly experienced litigator, appellate lawyer, and arbitrator. During his more than 50 years in practice, he has successfully resolved a wide variety of civil litigations through trials and appeals in state and federal courts, including two cases before the Supreme Court of the United States.
Harvey focuses exclusively on litigation and trial work, primarily handling complex commercial cases for both plaintiffs and defendants. He has tried cases in courts and before tribunals nationwide, representing clients in jury trials, bench trials, and matters before equity courts, administrative tribunals, appellate courts, and arbitration panels. Harvey’s practice has included virtually every type of commercial litigation, including corporate, contract, construction, partnership, real estate, securities, employment, labor, environmental, professional malpractice, insurance, intellectual property rights, stockholder and derivative actions, class actions, civil rights/discrimination cases, personal injury, antitrust, franchising, criminal (pro bono), domestic relations, and arbitrations.
Harvey tailors his strategy based on the issues, parties, and strength of each case, always striving to resolve matters satisfactorily through settlements, arbitration, and, if necessary, trials and appeals.
Over the course of his career, Harvey has developed a good understanding of people. He builds relationships with clients and opposing counsel, earning their trust and meeting face-to-face to hammer out case resolutions. This approach has enabled him to resolve most cases without costly, disruptive, and time-consuming litigation. Harvey is a member of the Complex Commercial Panel of the American Arbitration Association. He has also devoted significant time to pro bono and charitable work, which informs his work, judgment, and empathy.
Highly regarded by judges, arbitrators, clients, and peers, Harvey has received the highest ranking from Martindale Hubbell for more than 40 years. He is also greatly respected throughout the philanthropic world.
Honors & Awards
Martindale-Hubbell® AV Preeminent™ 5.0/5.0 Peer Rated for Highest Level of Professional Excellence
Abraham Lincoln Marovitz Award from the American Civil Liberties Union, 2003
Shofar Award for Chairman of the Chicago Jewish Federation campaign, 2004
Julius Rosenwald Award from the Chicago Jewish Federation, the highest honor bestowed by the Federation, 2009
Jewish Federation Russian Jewish Division award for involvement in the Soviet Jewry movement from 1978-1996, 2011
Representative Matters
Achieved a precedent-setting free-speech case win upholding the right to picket a public school under the First and Fourteen Amendments. Chicago Police Department v. Mosley, 408 U.S. 92 (1972).
Prevailed for corporate client Midwesco in the first Commerce Clause case taken by the Supreme Court of the United States in 25 years. The Court found that an Ohio statute violated the Commerce Clause by discriminating against our client, a non-Ohio corporation, regarding the application of its statute of limitations. Bendix Autolite Corp. v. Midwesco Enterprises Inc., 486 U.S. 888 (1988).
Represented a motel patron raped by a person who had been thrown off the property previously and had a criminal record. The motel patron suffered from a multiple personality disorder, which she had been able to control for 20-plus years. The rape caused her to disassemble and made her unable to function as a flight attendant. The jury awarded her $1.8 million, a record verdict for psychological injury, and $300,000 to her husband for loss of consortium. As a result of that verdict, the firm was retained to handle numerous other matters for child victims of rape and/or abuse, most of which it handled pro bono. Suzie Richter v. Caravelle Motel (N.D. Ill. 1992).
Represented electrical contractor Comstock in its case against the Convention Center. The Convention Center stopped all work due to financial constraints. When it resumed, the Center ordered the contractors to complete their work in six months as they had booked conventions. The completion should have taken at least a year. Comstock (as did others) lost large sums (over $24 million) due to the inefficiency of the time constraint. We were retained to try the case in the New York State court before a jury. The Center first offered $3 million to settle. After four weeks of trial, we settled the case on the eve of closing arguments for $21 million. (The settlement led to many more construction matters, both in Chicago and nationally). Comstock Construction v. New York Convention Center (N.Y. Sup. 1994).
Received a case referral in 2010 for the Chapter 11 Administrative Creditors’ Committee against LTV’s officers and directors, which sought damages for the $120 million-plus in losses they incurred, which placed many of the administrative creditors on the verge of bankruptcy due to nonpayment of their claims. The matter was hotly contested with five large firms representing the officers and directors. Bruce Sperling and Harvey Barnett handled the matter with the assistance of several associates. Shortly before trial, the case settled for $85 million through a lengthy mediation process. Official Committee of Administrative Claimants v. William Bricker et al., Case No. 1:05-2158 (N.D. Ohio 2010).
Professional Activities
Professional Memberships
American Arbitration Association, Complex Commercial Panel
American Bar Association
Chicago Bar Association, Defense of Prisoners Committee
Illinois State Bar Association
Board Member, Highland Park School District 107, 1978-1982
Board Member and Officer, Chicago Action for Soviet Jewry, 1982-1998
Board Member, Union of Councils of Soviet Jews 1986-1996
Board Member and Chair, Civil Rights Committee of the Chicago American Civil Liberties Union, 1998-2004
Board Member and Committee Chair, Jewish Federations of North America, 2002-2012
Chicago Jewish Federation
- Chairman of the Board, Chicago Jewish Federation, 2004-2006
- Campaign Chairman, 2003
Board Member and Chair, Michael Reese Health Foundation, 2008-2020
Arbitration Rosters
American Arbitration Association (Complex Commercial Panel)
Education
J.D., Northwestern University School of Law, cum laude, 1967
- Northwestern Law Review
B.A., University of Illinois, Political Science, 1964
- Phi Beta Kappa
Bar Admissions
- Illinois
- U.S. Supreme Court
- U.S. Court of Appeals for the Fifth Circuit
- U.S. Court of Appeals for the Seventh Circuit
- U.S. Court of Appeals for the Ninth Circuit
- U.S. Court of Appeals for the Eleventh Circuit
- Trial Bar, U.S. District Court for the Northern District of Illinois
