October 8, 2025

CHICAGO, IL – QPWB attorney Harry Durden secured a complete defense victory at the Appellate Court level, affirming a judgment entered on a prior arbitration award. This result decisively protected our client against a negligence claim by successfully arguing that the opposing party's rejection of the initial arbitration award was untimely under local court rules.

Overview of the Case

The case involved a personal injury negligence claim filed against a fast-food restaurant chain and its property management company. The opposing party alleged they sustained injuries on the premises due to negligence. The matter initially proceeded to mandatory arbitration, which resulted in an award being entered in favor of the defendants. The Plaintiff subsequently filed a rejection of that award outside the period permitted by local procedural rules.

Key Difference-Makers

• Harry Durden - Associate, Chicago Hub

Claims Made Against Our Client

The underlying claims contended personal injuries based on negligence theories against the fast-food restaurant chain  and its property management company, stemming from an alleged incident in 2019.

Defense Strategy

The defense strategy focused entirely on procedural enforcement and rule validity. The Plaintiff filed a rejection of the mandatory arbitration award 22 days after the award was entered, well outside the time permitted by Cook County Local Rule 25.11. Plaintiff argued that the 14-day deadline in the 2021 version of the rule was invalid because Cook County had not obtained the required, explicit approval of the Illinois Supreme Court to amend the rule. QPWB attorney Harry Durden argued that, even assuming the 14-day amendment was unenforceable, the rejection was still untimely under the prior, Supreme Court approved 2014 version of the rule, which allowed only 7 days. The defense demonstrated that the rejection was filed late under all applicable versions of the rule, including the 2014 7-day limit that had been expressly approved by the Illinois Supreme Court.

Impact on Final Outcome

The strategic focus on procedure resolved the case entirely before the negligence claims could proceed to trial, resulting in a zero-dollar final judgment for our client. The defense approach, which focused on established precedent and the Supreme Court’s 2016 order approving the arbitration program, streamlined the appeal to the single decisive issue of timeliness. This demonstrated that the plaintiff’s rejection was untimely regardless of whether the 2014 or 2021 version of Local Rule 25.11 applied, eliminating ambiguity and giving the appellate court a clear path to affirm the judgment.

Unique Aspect of this Case

The unique nature of the appeal rested on resolving the conflict between a local court rule and a state Supreme Court rule regarding arbitration rejection deadlines. The Appellate Court's ruling clarified which deadline governed, solidifying a critical procedural bar for future cases in that jurisdiction.

Predicting the Future

This victory highlights our firm's excellence in written advocacy and appellate strategy. By converting a complex procedural conflict into a clear winning argument, we reinforced our ability to protect clients and set persuasive precedent while delivering results at every stage of litigation. This success demonstrates our capability to handle any complex appellate matter or procedural dispute with clarity and confidence.

Key Actions in This Case

• Procedural Challenge: Successfully moved to bar the rejection of the arbitration award based on an untimely filing
• Appellate Strategy: Focused entirely on establishing the validity and applicability of the local procedural rule over the state rule
• Precedent Setting: Secured a ruling that clarified the controlling deadline for arbitration award rejections in a major jurisdiction

About QPWB

Quintairos, Prieto, Wood & Boyer, P.A. is one of the fastest growing law firms in the United States providing a different focus on what it means to provide responsive service to clients and team members. With a national presence of 54 offices and a comprehensive scope of over 130 practice areas, QPWB delivers legal representation in litigation, regulatory, and corporate matters to a diverse range of industries. This scope and rapid expansion has attracted unique legal talent from all different backgrounds and experiences which has made them the largest minority-owned law firm in the country.