Firm's Pro Bono Client Is Released after Serving 19 Years
A team working with attorneys from Northwestern University Law School’s Bluhm Legal Clinic Center on Wrongful Convictions and Stanford Law School Professor Lawrence Marshall represented Juan Rivera in appealing his third conviction of the 1992 rape and murder of an 11-year-old girl, Holly Staker. Jenner & Block, along with the Center on Wrongful Convictions, represented Mr. Rivera in his third trial. At trial, the defense team proved that DNA evidence excluded Mr. Rivera as the rapist and killer. Despite that evidence, a jury found him guilty and the court sentenced him to natural life in prison without parole. On this day in 2011, a unanimous three-judge panel of the Illinois Appellate Court for the Second District reversed Rivera’s conviction, finding insufficient evidence to support his conviction in light of the DNA evidence excluding him as the perpetrator. According to the Court’s 24-page ruling, the conviction was "unjustified and cannot stand." In its opinion, the court said it sympathized with the Staker family but also concluded that “Mr. Rivera, too, has suffered the nightmare of wrongful incarceration.” Mr. Rivera was released after serving 19 years in prison. In a statement at the time, the firm said it donated more than 12,000 hours of legal work on the trial and appeal and called the ruling a "tremendous victory for Mr. Rivera and a great day for justice in the State of Illinois." The Jenner & Block team on Mr. Rivera’s defense included current Partners Thomas Sullivan, Terri Mascherin and Andrew Vail, with assistance from Associate Daniel Fenske and former Associate Sarah Terman. In 2014, authorities announced that DNA evidence from the case matched a potential suspect in a separate murder.
Byman, Mascherin Continue Firm's Legacy at American College of Trial Lawyers
On this day in 2013, the firm continued its tradition of leadership of the nation’s premier professional trial organization in North America. Bob Byman was inaugurated as the 64th president of the American College of Trial Lawyers, following in the footsteps of name Partner Albert “Bert” Jenner (1958-59) and Partner and former U.S. Appeals Court Judge Philip Tone (1988-89). On the same day, Terri Mascherin was inaugurated as a fellow, the third woman partner at Jenner & Block to be invited to join the ACTL. “We are proud that Jenner & Block has enjoyed such a long history with the American College of Trial Lawyers,” said then-Managing Partner Susan C. Levy. “The recognition of Bob and Terri by the ACTL is so well deserved. They represent the very best in what this firm has been about for nearly a century: delivering excellence to our clients. They are leaders of this firm and stewards of the legal industry.” Bob has worked at the firm for 44 years, Terri for 30 years.
Firm Wins $101 Jury Verdict for Ventas
On this day in 2009, a jury awarded $101 million to client Ventas, a leading healthcare real estate investment trust. Following a three-week trial in Kentucky, the verdict was awarded as compensatory damages against competitor HCP for tortious interference with business expectation arising out of Ventas’ acquisition of the Sunrise Senior Living REIT in 2007. HCP had topped Ventas' initial bid for Sunrise, which prompted Ventas to increase its offer by about $101 million. Ventas ultimately acquired Sunrise for about $2 billion and later sued HCP, arguing that it had interfered with Ventas' purchase agreement by making misleading public statements relating to the bid. On appeal, the Sixth Circuit not only affirmed the verdict but also remanded the case to the trial court to allow Ventas to pursue punitive damages. “The record is replete with evidence of intentional misrepresentations, deceit, and/or concealment of material facts by HCP,” the opinion read. For his work on the appeal, David Bradford was named American Lawyer’s “Litigator of the Week” in May 2011. In addition to David, the team resenting Ventas included current Partners Michael L. Cebula, Terri L. Mascherin, Paul M. Smith, Daniel J. Weiss and Bradley M. Yusim and Associates Anthony B. Borich, Rachel S. Morse and Shaun M. Van Horn.
Firm's Role In Capital Punishment
The firm played a significant role in the state of Illinois’ journey toward abolishing capital punishment. On this week in 2003, then-Governor George Ryan issued clemency to approximately 160 inmates on the state’s Death Row, commuting their sentences to life in prison without parole. The unprecedented decision was based in part on the findings of Ryan’s Commission on Capital Punishment, co-chaired by Partner Tom Sullivan. Partners David Bradford and Terri Mascherin were also involved in the issue by representing three Death Row inmates seeking clemency. In 2004, when newly elected Attorney General Lisa Madigan challenged the governor’s power to issue some of those clemency orders, Terri successfully defended the orders in arguments before the Illinois Supreme Court. In 2005, Tom chaired the Capital Punishment Reform Study Committee. The Committee issued its report to the General Assembly on October 28, 2010. In 2008, Tom spoke before the ISBA Board of Governors in support of abolishing the death penalty, a resolution the Board ultimately adopted. On March 9, 2011, Governor Pat Quinn signed a bill abolishing the death penalty in Illinois, making it the 16th state in the nation without a death penalty.