James DeNardo
Partner
James P. DeNardo is a veteran appellate and employment attorney. He combines the skills and knowledge gained in an extensive career handling appellate cases at the highest levels in state and federal court with litigation experience as a skilled and respected employment law attorney. He provides insightful and cost effective solutions to clients. His knowledge of the trial and appellate courtroom give him a complete perspective on the litigation process for his clients.
Biography
Jim graduated from law school and spent a half year as law clerk to Justice Daniel J. McNamara of the Illinois Appellate Court. Jim served in Viet Nam as a Captain in the United States Army Judge Advocate Generals Corps. During his tour in Viet Nam, in addition to his court-martial work and as a foreign claims officer, he was tasked with teaching soldiers about the Geneva Conventions after the My Lai incident. He finished his career in the military stationed in the Federal Republic of Germany.
The focus of Jim’s practice at McKenna Storer is primarily employment law and workplace issues, such as discrimination in the employment setting, equal employment litigation and public accommodations and commercial facilities litigation. He has represented clients in litigation in state and federal courts and at the Federal Equal Employment Opportunity Commission, the Illinois Department of Human Rights and the Illinois Human Rights Commission. Jim has also appeared extensively in appellate courts at the state and federal levels including the Illinois Supreme Court and Appellate Court as well as before the United States Court of Appeals for the Seventh Circuit.
Jim is a devoted father of two and grandfather of one. He is a voracious reader and movie buff. He takes classes for enrichment through Northwestern University.
Representative Decisions
American Family Mutual Insurance Company v. Roth, 485 F.3d 930 (7th Cir. 2007)
Coniston Farm, LLC v. Friedman Distributing, Inc., 2012 IL App (1st) 112892-U
Education
- DePaul University, BA, 1964
- DePaul University, JD, 1967
Admissions
- State of Illinois
- USDC – Northern District of Illinois
- USDC – Central District of Illinois
- USDC – District of Colorado
- USCA – 7th Circuit
- US Supreme Court
- US Court of Military Appeals
Matters
Insurance Agent Litigation — Breach of Agency Contract
Successfully represented insurers in disputes with agents over whether termination of the agencies breached the agency contracts.
Retaliatory Discharge — Employment Litigation
Representation of a municipality in a lawsuit over whether termination of an employee was in retaliation for the employee filing an EEOC charge of gender discrimination.
Trade Secret Litigation — Customer list taken by an Agent
Representation of an insurer in its request for a preliminary injunction in a dispute over whether customer lists taken by agents were trade secrets.
Non-profit Youth Organization – Sexual Misconduct
Liability carrier appointed McKenna to defend the employer in a sexual misconduct case that ultimately resulted in a settlement that was favorable to the defendant.
Publications
Measure Of Damages And Burden Of Proof In Breach Of Contract And Warranty Claims For Damages To A Building (2013)
Misappropriation of Customer List Trade Secrets as a Basis for an Injunction Containing a Non-Solicitation Clause (2011)
Jury Trials in the Circuit Court for Employment Claims Under the Illinois Human Rights act and Federal Statutes, for Retaliation and Punitive Damages (2010)
Mandatory Arbitration Clauses in the Employment Context (2005)
Standard for Granting Summary Judgment in a Retaliation Case Under Title VII of the Civil Rights Act (2004)
Sexual Harassment: A Review of Current Legal and Practical Issues (1999)
The Age Discrimination in Employment Act: A Seventh Circuit Perspective (1998)
Federal Family & Medical Leave Act: Effect on Employees Rights and Employer Responsibilities (1996)
The Impact of Federal Legislation on the Employer/Employee Relationship in Illinois: A Summary of Federal Regulation of Illinois Workplace Issues (1996)
Editor and Author, McKenna Storer Employment News Letter (1986-2015)
Presentations
- Lecturer in the United States Army Judge Advocate General’s Corps.
- Lecturer on appellate practice.
- Defending Sexual Harassment Claims/ Responding to EEOC Charge – Presentation at Transport Service Company, March 2010
- Continuing Legal Education presentation on the subject of “What are Appealable Orders”, Illinois Association of Defense Trial Counsel, Continuing Legal Education Program, April, 2009
- Lecturer on the erosion of the employment-at-will doctrine; defending sexual harassment claims; the applicability of the Americans With Disabilities Act to commercial facilities, public accommodations, employment and the workers compensation statute; the Age Discrimination in Employment Act; Title VII of the federal Civil Rights Act; the Family Medical Leave Act; drug and alcohol polices; how to respond to an EEOC charge; and coverage provided by and how to assess risks under an Employment Practices Liability Insurance Policy.
