Matthew T. Carton
Biography
Matthew T. Carton is a partner of Bullaro & Carton, P.C. He focuses his practice on insurance coverage and litigation, with an emphasis in counseling and representing clients with respect to professional and general liability coverage, contractual indemnity, and bad faith litigation in both Illinois and Indiana.
Mr. Carton has also successfully represented clients in a variety of matters involving civil litigation in Illinois and Indiana state and federal courts, including construction litigation, professional liability, employment discrimination, products liability, premises liability, debt collection practices and defending municipalities/ governmental entities in employment, tort and federal constitutional claims.
Education/Bar Admissions
Mr. Carton received a B.A. with honors summa cum laude in political science in 2003 from Valparaiso University. He received his J.D. with honors cum laude from DePaul University College of Law in 2006.
He was admitted to the Indiana bar in 2006 and the Illinois bar in 2007, and has also been admitted to the following federal trial and appellate courts:
- U.S. District Court, Northern District of Illinois
- U.S. District Court, Northern District of Indiana
- U.S. District Court, Southern District of Indiana
Mr. Carton is a member of the following professional organizations:
- Illinois State Bar Association
- Indiana State Bar Association
Representative Matters
Willemson, et al. v. City of Rancho Cucamonga, et al.
Superior Court for the State of California, County of San Bernardino With respect to a large construction defect claim involving more than 2,000 plaintifs alleging residential property damage caused by a a multi-year freeway construction project for which the insured acted as general contractor for several project segments, a coverage opinion and position letters were provided regarding the insurance carrier's defense obligation to both the named insured and co-defendant/additional insured governmental entities. Further, an extensive analysis was performed of the complex tender and contractual indemnity issues among the project's general contractors and over 40 subcontractor trades and 30 insurance carriers, and full participation in a defense agreement was obtained between all primary carriers for the named insured and governmental entities, as well as a complex defense and expert cost-sharing agreement with all trades' additional insured carriers based on an allocation by trade and project segment and which encompassed over $9 million demanded by the state department of transportation for defense and expert fees pursuant to contractual indemnification obligations.
Samuelson v. LaPorte Community School Corp.
U.S. District Court, Northern District of Indiana Obtained summary judgment on behalf of the school district and its board members in a lawsuit brought by the school district's former girls basketball coach. The coach alleged that the school district's chain of command policy was a prior restraint on the exercise of his First Ammendment rights and that his coaching contract was not renewed in retaliation against him for exercising his free speech rights. The school district successfully argued that its chain of command policy was not a prior restraint, that its interest in administrative efficiency outweighed the coach's interest in speaking directly to board members, and that it had a non-discriminatory, non-pretextual basis upon which to decline renewal of the coach's contract. Summary judgment affirmed by the 7th Circuit Court of Appeals.
Valentine v. Founders Insurance Company
U.S. District Court for the Northern District of Illinois Obtained summary judgment on behalf of the insurer. Defendant automobile insurance company was sued for bad faith following its denial of coverage for plaintiff's claim for underinsured motorist benefits, after the plaintiff settled his personal injury claim against the other motorist for the limits of that motorist's insurance but failed to provide notice and obtain consent from his insurer.
Greene v. City of Chicago, et al.
Circuit Court of Cook County, Illinois Obtained summary judgment. The plaintiff motorcycle passenger suffered a traumatic brain injury following a crash occurring on a section of road under construction for resurfacing. After a dismissal of the plaintiff's action against the defendant asphalt subcontractor was obtained based on the failure to timely serve the complaint, summary judgment was granted with respect to the subsequently re-filed complaint based on the statute of limitations.
Baugh v. Icon Equities, LLC and Viking Client Services, Inc.
U.S. District Court for the Southern District of Indiana Achieved favorable settlement. Plaintiffs filed a class action lawsuit in federal court against the defendant, the purchaser of consumer loans owed by the plaintiff and other Indiana residents, as well as the co-defendant debt collector hired by the defendant, alleging violations of the Fair Debt Collection Practices Act, the Indiana Uniform Consumer Credit Code, and the Indiana Deceptive Consumer Sales Act as a result of the defendant's alleged failure to comply with state licensing requirements. An early resolution was successfully obtained through a favorable settlement of all identified class member claims, as well as related to indemnity claims between co-defendants, following the filing and briefing of a motion to dismiss.
Klocke v. BMW of North America, LLC, et al.
Circuit and Superior Courts, 38th Judicial Circuit, Allen County, Indiana Obtained summary judgment. In an action seeking real and personal property damages allegedly caused by a defective socket relay installed in the plaintiff's motor vehicle, resulting in a fire, summary judgment was successfully obtained in favor of the supplier of the socket relay against the third-party complaint for indemnity filed by the installer of the product.
D.W. Davies & Co., Inc. v. Herman Chemical Trading, L.P., et al.
Circuit Court, Racine County, Wisonsin Achieved favorable settlement. The plaintiff filed suit against the defendant chemical manufacturer for losses resulting from allegedly contaminated product. The manufacturer filed a third-party complaint against the motor carrier alleging that any damages were caused by the motor carrier's failure to decontaminate its equipment prior to transporation of the product. After filing summary judgment on behalf of the motor carrier on the basis that the contaminant could not have originated from the equipment used in transporting the product, settlement was reached among all the parties with the motor carrier contributing only a nominal amount.
Fortress Bible Church, et al. v. Town of Greenburgh, et al.
U.S. District Court, Southern District of New York In an action against the insured town and its board members alleging that the defendants had engaged in religious discrimination against the plaintiff church through the defendant's allegedly discriminatory implementation and enforcement of various land use regulations to prevent the building of a new church facility, coverage analysis was provded to the umbrella carrier, as well as monitoring of the underlying litigation and participation in settlement negotiations and mediation prior to the carrier's liquidation.
Zaburda v. 250 East Pearson, LLC, et al.
Circuit Court of Cook County, Illinois Achieved favorable settlement for nominal amount. Plaintiff condominium owner filed suit against building owner based on premises liability and products liability arising out of personal injuries sustained from an allegedly dangerous and defective patio door. After filing a motion for summary judgment, case was settled.
