David C. Blickenstaff concentrates his practice in the areas of trust and estate litigation, class action defense, and commercial litigation.

Experience

Trust and Estate Litigation
Mr. Blickenstaff leads Schiff Hardin’s nationwide trust and estate litigation practice. He has handled dozens of trust disputes, contested estates, and related matters involving a broad range of issues, including:

• Trust construction
• Breach of fiduciary duty claims
• Conflicts of interest
• Total return trusts
• Statute of limitations and laches in trust cases
• Severance of trusts
• Citations to recover assets
• Competency
• Fiduciary's and attorneys' fees
• "No contest" clauses
• Personal jurisdiction in trust and probate proceedings
• Standing
• Claims of undue influence

In addition to his extensive trial court work in this area, Mr. Blickenstaff has orally argued four trust/estate disputes on appeal and prevailed in all four, including a case of first impression that drew an amicus brief from the Corporate Fiduciaries Association of Illinois.

Mr. Blickenstaff regularly represents corporate fiduciaries in significant and sensitive cases, including “rescue” situations in which he is called upon to assist or replace prior counsel. Recent representations include:

• The trustees of a $150+ million trust that supports a private school, in the successful defense of a series of claims by a state attorney general, a contingent beneficiary, and the parents of some school students, all of whom asserted that the trustees breached their fiduciary duties.
• A corporate fiduciary and its individual co-trustee in the successful defense of claims for trustee removal, trust reformation, and breach of fiduciary duty concerning discretionary trust distributions. Laubner v. JP Morgan Chase Bank, N.A., 386 Ill. App. 3d 457, 989 N.E. 2d 744 (4th Dist. 2008).
• Individual fiduciaries in the successful defense of a beneficiary’s attempt to “bust” two trusts. Walker v. West Michigan National Bank & Trust, 145 Fed. Appx. 718 (3d Cir. 2005).
• A corporate fiduciary in a $50 million trust case in Arizona state court that settled in the midst of a jury trial.
• An individual fiduciary in a successful trial establishing that a decedent’s attempt to change the beneficiary of several IRAs was effective, and in the successful defense of the judgment on appeal.

Class Action Defense
Mr. Blickenstaff has represented clients in a variety of alleged class action cases, including those that assert nationwide classes:

• Auto insurers in cases concerning "diminished value," cost of repair, betterment and medical bill review claims
• An overnight courier in a case involving fuel surcharges
• A manufacturing company in a case involving alleged environmental contamination
• Trustees of a mutual fund in a securities fraud case

His class action practice has spanned both federal and state court and has included depositions of class representatives, development of expert witnesses, extensive motion practice, class certification briefing, and appellate practice.

Illustrative cases include:

• Drought v. State Farm Lloyds (5th Circuit) (asserted class action challenging insurer’s premiums, adequacy of notice to policyholders, and claims handling practices under homeowners policy; named plaintiff’s claims rejected for lack of standing and on other grounds)
• Peterson (Greene) v. State Farm (St. Clair County, IL) (multi-state class action asserting claims for “diminished value” of vehicles under comprehensive and collision coverages; summary judgment entered in client’s favor against Illinois class and class decertified as to other states)
• Hall v. State Farm (6th Circuit) (asserted class action complaining of alleged failure to conduct seat belt inspections; case dismissed with prejudice after CAFA removal to federal court)
• Shipley v. Farmers (Madison County, IL) (proposed multi-state class action by medical providers asserting allegedly improper reimbursement for charges; plaintiff voluntarily dismissed action rather than respond to a pending motion to dismiss)
• Smith v. Farmers (Madison County, IL) (proposed multi-state class action asserted by a chiropractor challenging allegedly wrongful computerized review of medical bills; plaintiff voluntarily dismissed action rather than respond to a pending motion to dismiss)
• Lincoln Creosote Class Action (Bossier Parish, LA) (defended plant operator in a mass tort class action for injuries and illnesses allegedly caused by operations at a wood treatment facility)

General Commercial Litigation
Mr. Blickenstaff has handled numerous commercial disputes in state and federal court, including claims for fraud, consumer fraud, and breach of contract.

• Represented several different clients in separate multi-million-dollar post-acquisition disputes (including serving as lead counsel in a federal trial in 2010)
• Defended a manufacturing company against a claim for breach of warranty and defective design and manufacture of a large industrial machine

Publications

"Judicial Reformation of Trusts: The Last Chance to Change a Trust," Trusts & Investments (November/December 2003)

"Judicial Reformation of Trusts — The Drafting Tool of Last Resort," Estate Planning (June 2001)

Speeches and Presentations

“Current Issues in Fiduciary Litigation and How to Minimize a Trustee’s Exposure to Litigation – A Roundtable Discussion,” (panelist) American Bankers Association Telephone Briefing (May 5, 2011)

“Current Trends in Fiduciary Litigation and the Steps Trustees Can Take to Minimize Their Exposure,” (panelist) American Bankers Association Telephone Briefing (May 6, 2010)

“Trustee’s Duty to Disclose to Beneficiaries,” (co-presenter) ALI-ABA Seminar, Chicago, Ill. (July 16, 2009)

“Working with Trust Professionals: The Views of Experts and Beneficiaries,” (panelist) American Bankers Association Telephone Briefing (May 7, 2009)

Pro Bono Activities

Mr. Blickenstaff has devoted hundreds of hours to pro bono advocacy.

In January 2002, he successfully represented a short-track speedskater at a multi-day arbitration involving accusations that two other skaters threw an Olympic qualifying race so that our client could make the U.S. Olympic team.

Since 2007, he has led Schiff Hardin’s representation of an inmate on Georgia's Death Row, including leading the six-lawyer trial team at the evidentiary hearing on our client's state habeas corpus petition. Previously, he represented an Illinois Death Row inmate whose conviction and sentence had been obtained under Illinois' widely criticized capital punishment system. When Governor Ryan issued his clemency decisions affecting more than 160 Death Row inmates, our client was one of only four who received a pardon.

Awards and Honors

Leading Lawyer — Commercial Litigation; Trust, Will & Estate Planning, Illinois Leading Lawyers Network

Illinois Super Lawyers, Estate & Trust Litigation

Benchmark Litigation — Star