Aaron Zigler

Member
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Aaron Zigler is licensed to practice in Missouri and Illinois, as well as the Southern District of Illinois, Eastern District of Missouri and the Seventh Circuit Court of Appeals. Mr. Zigler began his legal career as a law clerk with Carr Korein Tillery in 2000 as he attended St. Louis University School of Law. He joined the firm as an attorney upon his graduation in 2001 and was elevated to partner on January 1, 2010.

Immediately following his admission to practice, Mr. Zigler was heavily involved in the briefing and presentation of the firm's successful class certification motions in Turner v. R.J. Reynolds Tobacco Co., 00-L-113 (Ill.Cir.Ct. Nov. 14, 2001), and Howard v. Brown & Williamson Tobacco Co., 00-L-136 (Ill.Cir.Ct. Dec. 18, 2001). Since that time, Mr. Zigler has had significant involvement in the briefing and presentation of motions for class certification in Prather v. Pfizer Inc., 02-L-480 (Ill.Cir.Ct. Mar. 2, 2004); Barbara's Sales Inc., v. Intel Corp., 2004 WL 5723558 (Ill.Cir.Ct. July 12, 2004); Parker v. Sears, Roebuck & Co., 04-L-716 (Ill.Cir.Ct. Feb. 7, 2007); and Johnson v. Allstate Ins. Co., 07-781 (S.D.Ill. Jan. 7, 2010).

Mr. Zigler has had responsibility for the briefing and argument in dispositive and jurisdictional motions in such cases as Barbara's Sales Inc. v. Intel Corp., 02-L-788 (Ill.Cir.Ct., Sept. 3, 2003); SimmonsCooper LLC, v. Arthur J. Gallagher & Co., 04-928-GPM (S.D.Ill. March 8, 2005); Hoormann v. SmithKline Beecham Corp., 04-L-715 (Ill.Cir.Ct. Mar. 31, 2005); Sumner v. Merck & Co., Inc., No. 04-864-MJR (S.D.Ill. 2005); Lott v. Pfizer, Inc., 2005 WL 3618027 (S.D.Ill. May 26, 2005); SimmonsCooper LLC v. Arthur J. Gallagher & Co., 04-L-1194 (Ill.Cir.Ct., Aug. 18, 2005); Graham v. Shell Oil Co., 2006 WL 1004725 (S.D.N.Y. Apr 17, 2006); Martin v. Bayer Corp., 04-L-768 (Ill.Cir.Ct., May 23, 2006); Lott v. Pfizer Inc., 2206 WL 2224155 (S.D.Ill. Aug. 2, 2006); Carr v. Gateway Inc., 03-L-1271 (Ill.Cir.Ct. Dec. 12, 2007); Travis v. Allstate Ins. Co., 06-L-332 (Ill.Cir.Ct. May 28, 2008); and Johnson v. Allstate Ins. Co., 2009 WL 3230157 (S.D.Ill. Sept. 30, 2009).

Mr. Zigler also has extensive appellate experience having responsibility for a number of appeals including: Pfizer Inc. v. Lott, 417 F.3d 725 (7th Cir. 2005); Hubbert v. Dell Corp., 835 N.E.2d 113 (Ill.App.Ct. 2005); Barbara's Sales, Inc. v. Intel Corp., 857 N.E.2d 717 (Ill.App.Ct. 2006); Hoormann v. Smithkline Beecham Corp., 5-06-0624 (Ill.App.Ct. 2006); Lott v. Pfizer Inc., 492 F.3d 789 (7th Cir. 2007) (argued); Cooper v. The IBM Personal Pension Plan, 240 F. App’x 133 (7th Cir. 2007); Baldwin v. Mendelsohn, 104487 (Ill. 2007); Hoormann v. Smithkline Beecham Corp., 5-07-0033 (Ill.App.Ct. 2007); Travis v. Allstate Ins. Co., 5-08-110 (Ill.App.Ct. Apr. 10, 2008); Lott v. Pfizer Inc., 5-08-235 (Ill.App.Ct. Oct. 21, 2008) and Carr v. Gateway, Inc., 918 N.E.2d 598 (Ill.App.Ct. 2009) (argued)

In 2006, Mr. Zigler began serving as counsel to the firm and its membership in defense of litigation stemming from the firm’s restructuring in 2003. This litigation resulted in eight judgments in favor of his clients that were affirmed in three separate appeals and the issuance of an anti-suit injunction prohibiting further litigation against the firm or its employees.  See, e.g., Carr Korein Tillery, LLC v. Carr, 04-MR-56 (Ill.Cir.Ct. Sep. 29, 2006); Cooper v. IBM Pers. Pension Plan, 240 F. App'x 133 (7th Cir. 2007); Carr Korein Tillery, LLC v. Carr, No. 5-06-0548 (Ill.App.Ct. Dec. 27, 2007); Carr v. Tillery, 2008 WL 2782928 (S.D.Ill. July 17, 2008); Carr v. Tillery, 591 F.3d 909 (7th Cir. 2010); Carr Korein Tillery, LLC v. Carr, 5-10-60 (Ill.App.Ct. May 5, 2010); Carr v. Tillery, 2010 WL 1963398 (S.D.Ill. May 17, 2010).  

Mr. Zigler is a member of KT's pharmaceutical litigation group. In that capacity, Mr. Zigler has had responsibility for prosecution of a number of pharmaceutical matters including:

Prather v. Pfizer Inc., 02-L-480 (Ill.Cir.Ct. Dec. 2, 2004): Following the withdrawal of the anti-diabetes drug Rezulin® from the market, Korein Tillery filed suit against Pfizer and Warner-Lambert, alleging that the defendants engaged in unfair business conduct relating to their pricing of Rezulin®. The success of this theory changed the landscape of pharmaceutical litigation. The resulting settlement, finalized 2005, established a fund of $60 million, representing an 85% recovery for claimants and a $20 million cy pres award benefiting diabetes research. Prather v. Pfizer Inc., 02-L-480 (Ill.Cir.Ct. Dec. 2, 2004).

Hoormann v. SmithKline Beecham Corp, 2007 WL 1591510 (Ill.Cir.Ct. May 17, 2007): In July 2004, Korein Tillery sued SmithKline Beecham on behalf of a nationwide class of purchasers alleging that GlaxoSmithKline promoted Paxil® and Paxil CRTM for prescription to children and adolescents despite having actual knowledge that these drugs exposed children and adolescents to dangerous side effects while failing to treat their symptoms. Following three years of litigation, Korein Tillery obtained a settlement that established a $63.8 million fund to reimburse class members 100% of their out-of-pocket expenses. Hoormann v. SmithKline Beecham Corp., 2007 WL 1591510 (Ill.Cir.Ct. May 17, 2007). The New York Attorney General's office settled their lawsuit concerning the same conduct for a $2.5 million fine. Mr. Zigler's work on this case was featured in The American Lawyer, Aruna Viswanatha, King & Spalding Lawyer Stirs State Judge's Ire, [29] 1 Am.Law., Jan. 2007, at 50, and mentioned in the National Law Journal. The Plaintiffs' Hot List, 30 Nat'l L.J. S8 (Nov. 22, 2007).

Other representative matters include:

Parker v. Sears, Roebuck & Co., Case No.: 04-L-716 (Ill.Cir.Ct. Jan. 16, 2008). Korein Tillery acted as lead counsel in this case against Sears involving allegations that Sears sold and set-up gas and electric ranges throughout the United States without installing anti-tip safety devices, which prevent ranges from tipping over and severely burning or injuring unsuspecting consumers. In January, 2008 the Court granted final approval of a settlement which provides complete relief by requiring Sears to install anti-tip brackets for the class as well as requiring the installation of such brackets in the future. The settlement is valued at more than $544,500,000.

Barbara's Sales, Inc. v. Intel Corp., 857 N.E.2d 717 (Ill.App.Ct.  2006). In this matter Korein Tillery sought to represent a class of consumers who purchased personal computers containing Pentium 4 processors, alleging that the defendants engaged in consumer fraud by concealing from the purchasers that the Pentium 4 was not any faster or otherwise superior to the Pentium III processors available at the time. Plaintiffs asked that a class be certified including all purchasers of Pentium 4 computers within the United States and applying California law to the defendants' conduct on the ground that the defendants' wrongful conduct occurred in that state. After the trial court certified a class action restricting the class to Illinois purchasers and applying Illinois law, the plaintiffs appealed. The appellate court reversed, agreeing with Korein Tillery that a nationwide class was appropriate and that California law should apply to all purchases.