George F. Galland, Jr.
In over 38 years of practice, Mr. Galland has had extensive experience as a civil trial lawyer and counselor in many different areas. He has tried numerous jury and bench cases to verdict in state and federal courts in Illinois and other states, and many more cases in arbitrations or administrative hearings before various bodies. He also has been responsible for briefing and arguing over 50 decided appeals in federal and state appellate courts.
The following is a summary of the areas in which he has concentrated:
Mr. Galland has represented both plaintiffs and defendants in this area. He has served as outside counsel for many hospitals and clinics, including two of Chicago's largest teaching hospitals and a number of major institutions in downstate Illinois. In this capacity he has been referred some of these institutions' largest and most complex legal matters, including the following:
(a) Insurance Coverage. Mr. Galland has advised his hospital clients in a wide range of insurance disputes arising from the hospitals' self-insurance programs and their relation with excess insurers, and has handled a number of large-scale lawsuits arising out of such matters. These cases have involved issues include the entire gamut of insurance law, including notice issues, bad-faith-denial claims, insurance contract interpretation matters, contribution disputes among co-insurers, and many other areas.
(b) Medical Malpractice Defense. Mr. Galland has defended hospitals, hospital-owned HMO's, and attending physicians and residents insured by the hospital's self-insurance programs, in a large number of medical malpractice cases in numerous areas of medical practice, including general surgery, neurosurgery, internal medicine, pediatrics, radiology, obstetrics and gynecology, psychiatry, anesthesiology, cardiology, genetics, pulmonology, and other areas. He has extensive and successful jury trial experience in these cases and extensive appellate experience as well. The cases Mr. Galland has defended for these hospital clients have involved the entire range of medical malpractice issues, not only on substantive medical matters but on actual and apparent agency issues, staff-model and contract-model HMO liability issues, contribution and indemnification issues, and the like. He has also defended cases under the federal "anti-dumping" law, EMTALA.
(c) Affiliation and Disaffiliation Issues. Mr. Galland has advised hospital clients in disputes arising from affiliation and disaffiliation agreements with other hospitals and has represented them in litigation arising out of those agreements.
(d) Third-party Payor Litigation. Mr. Galland has represented hospitals, hospital-owned HMOs, and in some instances hospital patients in disputes with third-party payors over coverage of procedures, including attempted denials of payment for supposedly "experimental" procedures.
(e) Class Action Defense. Mr. Galland has successfully represented hospitals in private class actions brought against them in connection with their charity care policies, pricing of services to uninsured patients, and other financial practices. He also has represented several hospitals in dealing with investigations by the Illinois Attorney General into such practices and policies. He successfully represented a hospital-owned HMO in a major class action accusing the HMO of violating the Illinois Consumer Fraud Act and other legal doctrines as a result of failure to disclose supposed conflicts of interest.
(e) Staff Privilege Disputes. Mr. Galland has represented hospitals in a number of matters involving revocation or restriction of staff privileges of attending physicians, or termination or other discipline of residents. Before he began representing hospitals in this area, he handled a number of significant lawsuits for attending physicians who were expelled from their medical staffs.
(f) Relations with Practice Groups. Mr. Galland has represented hospitals in contract litigation brought by physicians and has advised hospital clients in complex contract negotiations with outside practice groups, including disputes over termination of such contracts.
(g) Medical School Matters. Mr. Galland has advised Rush Medical College in numerous issues involving medical students, including defense of several major lawsuits in state and federal court involving terminated medical students.
(h) Hospital Governance, Intra-hospital Grievance Procedures and Due Process Matters. Mr. Galland has advised hospitals on staff by-law revisions. He advises hospital committees charged with hearing internal complaints from attending physicians or faculty members, in order to assure that the matters are resolved fairly and in compliance with applicable by-laws and due process requirements.
(i) Physician Disciplinary Matters. Mr. Galland has represented physicians in licensure proceedings instituted by the Illinois Department of Registration and Education.
(j) Other Medico-legal Claims. Mr. Galland has defended hospital clients in a number of claims under federal and state employment discrimination laws. He has defended hospital officers and employees in several major libel and slander lawsuits arising out of public commentary on issues of medical importance.
(k) Affirmative Litigation. Mr. Galland has successfully represented hospital clients as plaintiffs in major lawsuits, including a claim against an engineering design firm's insurer arising out of faulty air conditioning systems installed in a new hospital, a claim against a supplier of a computerized medical record system arising out of alleged defects in that system, and other major matters.
(l) Property Taxation Disputes. Mr. Galland has counseled and represented not-for-profit hospitals in matters relating to ongoing challenges to their tax-exempt status.
Legal professional liability
Mr. Galland has counseled individual attorneys and law firms in ethics matters and has defended them in civil litigation in which they have been accused of malpractice and breach of fiduciary duty. He has also represented plaintiffs in legal malpractice litigation.
From the start of his career, Mr. Galland has represented both plaintiffs and defendants in employment disputes. He has tried a large number of these cases for both plaintiffs and defendants. He has expertise in the federal employment discrimination laws, including sex discrimination, age discrimination, race discrimination, disability discrimination, religious discrimination, sexual harassment, and retaliation cases, and in claims of wrongful discharge under Illinois law. He has been principal counsel for plaintiffs in a several of the largest employment cases of their kind, including several race discrimination class actions and the sexual harassment litigation against Mitsubishi Motor Manufacturing of America, Inc. He currently has a substantial practice representing high-level executives in severance negotiations and litigation arising out of their terminations.
Service as a neutral
Mr. Galland has a substantial practice as a mediator and arbitrator. He has successfully mediated a number of large-scale employment-discrimination class actions, including the settlement in 2007 of a widely publicized age discrimination lawsuit against a major national law firm.
Mr. Galland has four times served as a Monitor to oversee compliance with consent decrees in major litigation brought by the EEOC against companies who were accused of plantwide sexual harassment. In this capacity, Mr. Galland was responsible for overseeing compliance with the decrees in question, deciding claims against a large damage fund, hearing appeals from company decisions on sexual harassment claims, and proposing and implementing improvements in the plants' policies to control and reduce sexual harassment.
Mr. Galland has been retained by various organizations as an outside investigator to conduct internal investigations of alleged wrongdoing by officers or employees.
Mr. Galland served as lead counsel for Mayor Harold Washington of Chicago and his aldermanic allies in the extended litigation during 1986 over control of the Chicago City Council and its Committees. During 1986-1987, Mr. Galland served as Acting General Attorney of the Chicago Park District, serving as its chief legal officer in all phases of the District's operations and dealing with matters of governance, taxation, labor relations, civil service employment, inter-governmental affairs, public relations, and other areas.
Mr. Galland has extensive experience in this field for both labor and management. He represented for many years a major state employee union in the entire range of labor law issues, including unfair labor practice litigation, arbitrations over contract issues, employee termination hearings and lawsuits, and related class action work over employee benefits and salary levels. As the Chicago Park District's chief legal officer in 1986-1987, he was responsible for the District's labor relations in all respects, and continued to handle legal matters for the District in this area for some years thereafter.
Litigation in other areas
Mr. Galland has represented clients in a broad range of other legal areas over his career, including major legal malpractice litigation (for both plaintiffs and defendants); litigation under the federal securities and antitrust laws; environmental cleanup disputes; insurance litigation over environmental cleanup costs; Lanham Act and other unfair competition litigation; First Amendment and other federal and Illinois constitution al matters; condominium litigation; and many other kinds of business litigation raising contract and tort claims of various kinds. He and his firm currently represent the Attorneys General of seven states in 'Average Wholesale Price' (AWP) litigation against pharmaceutical manufacturers. In this capacity, Mr. Galland has tried jury cases to verdict and has represented these states on appeal.
Organized bar and community service activities
Mr. Galland was President of the Chicago Council of Lawyers for two terms, from 1983 through 1985, and held many different posts in that organization, including being the head of its state judicial evaluation process from 1981 through 1983. He has served on the boards of a number of nonprofit legal and community organizations.
Mr. Galland is fluent in Spanish.
J.D., University of Chicago Law School, Chicago, Illinois, 1973. Honors: Order of the Coif
B.A., Princeton University, 1967
Shareholder, Barnhill & Galland, P.C., 1976 - present
Acting General Attorney and Chief Legal Officer, Chicago Park District, 1986 - 1987
Associate, Davis, Miner, Barnhill & Galland, 1973 - 1976
Illinois Supreme Court, 1973
U. S. Supreme Court, 1978
U. S. Court of Appeals for the Seventh Circuit, 1974
U. S. District Court for the Northern District of Illinois, 1973
U.S. District Court for the Central District of Illinois, 1986
Judicial Panel for Multidistrict Litigation, 1976
Pro hac vice admissions in state and/or federal trial and/or appellate courts in Alaska, California,Colorado, the District of Columbia, Florida, Hawaii, Idaho, Indiana, Kentucky, New Jersey, Tennessee, and Wisconsin