What We Do
Kevin M. Phillips
| PH: | 312.635.1812 |
| FAX: | 312.264.6139 |
| EMAIL: | kphillips@nzalaw.com |
Current Employment Position(s):
Of Counsel
Areas of Practice:
Subrogation
Warehouse Legal Liability
Bar Admissions:
Illinois
U.S. District Court Northern District of Illinois
U.S. District Court Central District of Illinois
U.S. Court of Appeals for the Ninth Circuit
Pro hac vice throughout the United States
Education:
John Marshall Law School, 1996, J.D.
George Washington University, Washington, D.C, 1993, B.B.A.
Publications:
"Consequences of Mislabeling Imports May Be Detrimental to the Health of Your Business", IWLA Website, 2008
"No Such Thing As a Free Lunch for Employers in the Face of Brinker", IWLA Website, 2008
"Recent Texas Decision Brings Hope to Warehouseman In The Face of Demurrage Charges", IWLA Website, 2008
Professional Associations and Memberships:
The International Warehouse Logistics Association
International Association of Refrigerated Warehouses
Warehouse Education Research Council
Mr. Phillips' practice is concentrated in the areas of warehouse legal liability (including property loss, enforcement of warehousemen liens and review of storage contracts), cargo losses (including trucking, railroad and waterway), professional liability, construction, and subrogation matters. Mr. Phillips represents warehousemen, shippers, carriers, freight forwarders, architects, engineers, property owners, and contractors, in tort, contract, bailment, warranty and statutory-based actions. Mr. Phillips also serves General Counsel for the International Warehouse Logistics Association and its over 400 member warehouses.
Mr. Phillips successfully defended a warehouse owner in a trial in Green Bay, Wisconsin. Plaintiffs were depositors who had paper products in a dry storage warehouse that was destroyed in a fire and Plaintiffs alleged that the warehouse violated applicable building codes by not having automatic sprinklers and that the warehouse owner was negligent for not having adequate physical security for the building. Plaintiffs were seeking $5.4 million, but after the enforcement of the suit limitation and the damage limitation provisions in the contract and three days of trial, a favorable settlement was negotiated on behalf of the warehouse owner.
Mr. Phillips conducted a trial in Minnesota where he represented a food recycling facility. There was a fatal and catastrophic explosion involving manufacturing equipment that destroyed the facility and the products manufactured and stored within the facility. Mr. Phillips was successful in recovering in excess of $1 million dollars for the food recycling facility.
Most recently, Mr. Phillips successfully enforced a suit filing provision in a warehouse agreement in Los Angeles Superior Court resulting in the dismissal of a $2.6 million claim against a warehouse.
Several of Mr. Phillips' other cases in his litigation career have involved defending warehousemen against claims involving: chemical contamination of food grade products stored in a newly constructed 600,000 square foot warehouse; ammonia exposure to food grade products stored in an underground refrigerated facility; $100 million fire at a wine storage facility; mysterious disappearance of seafood at large refrigerated distribution center; infestation of products involving multiple distribution centers; improper record keeping claim against human blood storage facility; food spoliation claim involving alleged improper refrigeration by warehouseman; claim by cocoa manufacturer against warehouseman for cross contamination of product from spices stored nearby; several different inventory shortage claims against distribution centers; and defending several product damage claims against warehousemen as a result of natural disasters.
In addition to Mr. Phillips' litigation practice, he has become involved in drafting, negotiating and reviewing warehousing and transportation documents, including warehouse receipt, bills of lading, freight contracts, standard contract terms and conditions, security agreements and tariffs. Mr. Phillips also has experience instituting and enforcing warehousemen's liens and the recovery of unpaid storage charges.
