Hon. Stuart E. Palmer (Ret.) joined JAMS in 2016 after a highly regarded 22-year career as a Justice of the Illinois Appellate Court and Judge of the Circuit Court of Cook County, Illinois. Throughout his judicial career, Justice Palmer presided over the trial and settlement of many of the most complex matters that came before the courts, including thousands of civil and criminal matters at all stages of litigation. As a chancery judge and an appellate justice, Palmer received consistent high praise for his handling of a wide variety of complex commercial disputes.

ADR Experience and Qualifications

Justice Palmer has been a full-time neutral with JAMS since 2016. He completed the USC-JAMS Arbitration Institute’s Advanced Arbitration Academy at the University of Southern California (2016) and has built an extensive arbitration practice. Justice Palmer has served as the sole arbitrator as well as on tripartite panels, where he has also served as the chair chosen by fellow arbitrators. He also carries a mediation certification from the National Judicial College. 

While at JAMS, Justice Palmer has served as an arbitrator and mediator in a variety of disputes, including all manner of business & commercial matters, class actions—particularly in the Biometric Information Privacy Act (BIPA) and Telephone Consumer Protection Act (TCPA) contexts—employment-related matters including restrictive covenants, wrongful discharge, salary, commission, wage claims, and defamation—trusts and estates, real estate, mass torts, asbestos exposure, insurance, personal injury, and products liability. He has also participated in three judge neutral analysis matters, as well as court-appointed roles in real estate evaluation and shareholder derivative matters.

Representative Matters

• Appellate

While serving on the Illinois Appellate Court, Justice Palmer authored hundreds of decisions addressing issues across the entire spectrum of civil and criminal law and also participated in many other decisions by concurrence, special concurrence, and dissent.

• Served on a panel of three retired judges to hear an arbitration appeal of an arbitration award for violation of state usury and deceptive practice laws.
• Served on a panel of three retired judges to hear an arbitration appeal of an arbitration award regarding claims by a corporate cardmember against a credit card issuer for losses due to fraudulent charges.
• Business Commercial
• Arbitrated contractual dispute between a nationwide hardware chain and a product supplier involving claims of breach of contract and breach of warranty.
• Arbitrated contractual dispute between a corporation and a nationwide health care provider.
• Arbitrated claims of violation of the state deceptive practices act and odometer fraud against an automobile dealer.
• Arbitrated dispute between doctors formerly of the same medical practice over compensation, including claims of breach of contract, violation of the Illinois Wage Payment and Collection Act, and for accounting.
• Served as chair of a tripartite arbitration involving a dispute between a medical device supplier and a medical device manufacturer regarding allegations of device failure causing injury liability and loss of inventory.
• Mediated a dispute over the sale of a multi-national restaurant chain bakery supply business.
• Mediated several breach of contract cases regarding large corporate software implementation issues.
• Presided over the appeal of a dispute between a depositor and a national banking institution.
• Presided over claims concerning the recapture of funds misdirected to a depositor by a major banking institution.
• Class Action & Mass Tort
• Arbitrated several matters involving claims of fraud and breach of contract brought by students against a nationally known university as part of a mass arbitration filing.
• Mediated and arbitrated claims pursuant to the Armstrong World Industries Asbestos Trust and DII Asbestos Trust, national bankruptcy trust asbestos-related injury claims.
• Mediated numerous class actions brought under the Telephone Consumer Protection Act (TCPA).
• Mediated numerous class actions brought under the Illinois Biometric Privacy Act (BIPA).
• Mediated numerous class actions brought as a result of data breaches.
• Cybersecurity & Privacy
• Arbitrated claim of violations of the Telephone Consumer Protection Act (TCPA) during student loan debt collection.
• Selected to arbitrate several claims brought under the Illinois Biometric Privacy Act (BIPA).
• Mediated numerous class actions brought under the TCPA.
• Mediated numerous class actions brought under the BIPA.
• Mediated numerous class actions brought as a result of data breaches.
• Employment Law
• Arbitrated claims brought by a bank employee against a Chicago bank and its President and CEO. The Claimant brought claims of violation of the Family and Medical Leave Act, violation of the Arizona Paid Sick Leave Act, Intentional Interference with Business Expectancies, False Light Invasion of Privacy, and Defamation. The Respondents counterclaimed for violation of restrictive covenants.
• Arbitrated a dispute between a major real estate investment entity and its employee. The entity alleged misappropriation of trade secrets as defined in the Defend Trade Secrets Act and breach of fiduciary duty. The employee counterclaimed for breach of contract regarding failure to pay compensation due to investments.
• Mediated several employment-related matters, including claims of breach of restrictive covenants and violation of the Illinois Trade Secrets Act and the Federal Defend Trade Secrets Act, as well as wrongful discharge and related defamation, breach of contract, and wage payment claims.
• Presided over many cases involving claims of violation of restrictive covenants and misappropriation of trade secrets. The claims often sought damages, temporary restraining orders, and permanent injunctions.
• Estate Probate Trusts
• Arbitrated trust/probate dispute among family members and related LLC dispute concerning a multi-million-dollar family business upon the death of the founding family member.
• Presided over many cases involving trust disputes.
• Governmental & Public Agency
• Mediated multiple Attorney General initiated matters regarding violations of the TCPA and the Illinois Consumer Fraud and Deceptive Practices Act in the area of alternative electricity providers.
• Presided over many cases involving administrative review of the actions of local governments in the areas of zoning, permitting, and pension claims.
• Insurance
• Served as an arbitrator in tripartite arbitration regarding an insurance coverage dispute between multiple insurers.
• Presided over many cases involving insurance coverage, duties to defend, excess coverage, primary and secondary other insurance, as well as other insurance issues.
• Personal Injury
• Arbitrated personal injury action brought against a recreational center.
• Mediated and arbitrated claims pursuant to the Armstrong World Industries Asbestos Trust and DII Asbestos Trust, national bankruptcy trust asbestos-related injury claims.
• Mediated defamation claim brought by a noted professor against a major university.
• Mediated third party liability for workplace injury against a major big-box retailer.
• Product Liability
• Served as chair of a tripartite arbitration involving a dispute between a medical device supplier and a medical device manufacturer regarding allegations of device failure causing injury liability and loss of inventory.
• Mediated product liability case involving a surgical instrument that allegedly failed, causing injury to a patient.
• Professional Liability
• Selected by party-appointed side arbitrators to serve as the Chair of a tripartite arbitration involving claims of legal malpractice against a large Chicago law firm. The claims included legal malpractice, breach of fiduciary duty, breach of contract, and fraud regarding the firm’s handling of an underlying intellectual property case. The claims ultimately involved a demand for as much as $40 million. The arbitration hearing lasted 15 days and involved the testimony of attorneys, corporate representatives, experts in manufacturing, standard of care, and damages. Hundreds of exhibits, including technical drawings, were admitted.
• Arbitrated multiple claims for unpaid fees brought by a law firm against its clients.
• Mediated matter involving allegations of accounting malpractice regarding Rule 1031 exchanges and ultimate tax liability.
• Presided over many cases involving legal fee and referral fee disputes. Additionally, while on the Appellate Court, Justice Palmer authored a major opinion in the medical malpractice field involving the scope of the Good Samaritan Act. This opinion was ultimately affirmed by the Illinois Supreme Court.
• Real Property
• Arbitrated dispute between neighboring condominium associations regarding pro rata shares of assessments.
• Mediated dispute over the sale of a multimillion-dollar home and allegations of failure to disclose defects.
• Mediated dispute over the sale of a Bed and Breakfast and allegations of failure to disclose zoning issues and other defects.
• Mediated several matters concerning the dissolution of real estate partnerships.

Honors, Memberships, and Professional Activities

• Member, Character and Fitness Committee, Illinois Board of Bar Admissions
• Member of the Board, Illinois Mandatory Continuing Legal Education Board
• Member, Illinois Sentencing Policy Advisory Commission
• Certificate of Completion, Advanced Arbitration Academy, University of Southern California-JAMS Arbitration Institute, August 2016
• Certificate of Recognition by the Illinois Supreme Court for excellence in the delivery of judicial education programs
• Recipient, Seymour Simon Justice Award, Jewish Judges Association of Illinois
• Certificate of Appreciation, DePaul College of Law, for contributions to the Lawyering Skills Program
• Diploma of Judicial Skills, American Academy of Judicial Education
• Member, Illinois Supreme Court:
• Special Committee on Evidence
• Committee on Education
• Committee on Legislation
• Special Committee on Courthouse and Judicial Security
• Special Committee on Capital Cases
• Member, Illinois Judicial Conference
• Fellow, American Bar Foundation
• Fellow and lecturer, ASTAR (Advanced Scientific and Technological Adjudication Resource Project), National Science and Technology Resource Judges Program funded by the U.S. Department of Justice
• Frequent Judge for the Annual National Trial Competition and the National Criminal Justice Trial Advocacy Competition, ABA Criminal Justice Section
• Member/Board member, Illinois Judges Association
• Board member, Jewish Judges Association
• Member, American Bar Association
• Member, Illinois State Bar Association
• Member, Chicago Bar Association
• Member, Decalogue Society of Lawyers
• Member, Chicago Inn of Court
• Member, American College of Business Court Judges
• Frequent faculty member, Illinois Judicial Conference seminars for judges, the biannual Education Conference, and the New Judge Seminar
• Frequent lecturer at Chicago Bar Association, Decalogue Society, and local law firm CLE presentations
• Frequent Guest Lecturer, local area high school classes
• Adjunct Lecturer, DePaul College of Law
• Guest Lecturer, University of Chicago School of Law
• Faculty, National Institute for Trial Advocacy
• Chair and Editor, Illinois Judicial Benchbook on Criminal Law

Background and Education

• Justice of the Illinois Appellate Court, First District, 2012-2016
• Assigned to the Appellate Court by order of the Illinois Supreme Court
• Presiding Justice, 5th Division, September 2014-September 2015
• Judge, Circuit Court of Cook County, Illinois, 1994-2012
• Chancery Division, 2005-2012
• Criminal Division, 1994-2005
• First Municipal District, 1994
• Law Offices of Stuart E. Palmer, January 1993-January 1994
• Hearing Officer, Illinois State Police Merit Board, October 1988-January 1994
• Partner, Kanter & Mattenson, Ltd., April 1988-January 1993
• Partner, Kulwin & Palmer, April 1987-April 1988
• Assistant State's Attorney, Cook County State's Attorney's Office, November 1979-April 1987
• J.D., Northwestern University School of Law, 1979
• B.A., cum laude, Phi Beta Kappa, University of Illinois, Urbana-Champaign, 1976