Justice Thomas R. Rakowski (Ret.) joined JAMS in 2001, bringing over 40 years of experience, including 23 years as a judge at both the trial and appellate levels. During his distinguished judicial career, Justice Rakowski presided over the trial and settlement of some of the most complex matters to come before Illinois courts, handling thousands of civil cases across all stages of litigation. As a chancery and law division motion section judge and later as an appellate court justice, he consistently earned high praise from counsel and bar associations alike for his management of a wide range of complex business and commercial disputes.

ADR Experience and Qualifications

Since joining JAMS, Justice Rakowski has built an extensive alternative dispute resolution practice. He has served as an appellate panelist, arbitrator, and mediator in a wide variety of disputes, including business and commercial matters, class actions and mass torts, construction, cybersecurity and privacy, employment matters, estates and trusts, federal law claims, insurance, personal injury, professional liability, and real estate and surety disputes. He has acted as a sole arbitrator and as a member of tripartite panels, often serving as the panel chair chosen by his fellow arbitrators.

Representative Matters

• Appellate Review
• The JAMS Optional Arbitration Appeal Procedures facilitates an agreed, user-friendly and expedited appellate process. Justice Rakowski has served multiple times on these tripartite appellate panels, often serving as the panel chair 
• Attorney Fees
• Justice Rakowski has presided over, arbitrated and mediated hundreds of attorney fee disputes involving clients, co-counsel and referring counsel, including requests for attorney fees resulting from contractual and statutory fee-shifting clauses, prevailing party clauses and sanctions
• Arbitrated an attorney fee dispute among co-counsel regarding contingent fees arising from an $820 million ground water contamination verdict. The suit was brought by an east coast state against 20 oil companies.  Chaired tripartite panel and drafted Interim and Final Awards.  See Sher Leff, LLP v. Pawa Law Group, P.C., Case No. 14-cv-26-SM, Opinion No. 2014 DNH 073, U.S. Dist. Ct., District of New Hampshire
• Arbitrated and mediated breach of contract disputes between clients and law firms concerning the collection of unpaid attorneys' fees and costs
• Business Commercial
• As a Law Division, Motion Section Judge, Justice Rakowski presided over dispositive pre-trial motions (dismissal, judgment on the pleadings and summary judgment) in a wide array of civil disputes on a daily basis
• Served as a Special Master and as a Contract Compliance Monitor
• Arbitrated a breach of contract dispute arising from the purchase of a company, involving claims of express indemnity, fraud, and negligent misrepresentation 
• Arbitrated a dispute between a consumer and a car rental company involving claims of unlawful credit and collection practices by the company 
• Arbitrated claims involving breach of contract and violations of the Fair Debt Collection Practices Act (FDCPA) 
• Arbitrated many claims against car dealerships for failure to fulfill contractual obligations
• Arbitrated claims involving a consumer who was charged for services without their consent
• Arbitrated a dispute concerning the terms of an 'Exclusive Manufacturing and Marketing' Agreement
• Arbitrated and mediated numerous disputes involving debt collection including consumer disputes involving claims under the Fair Debt Collection Practices Act (FDCPA), Deceptive Trade Practices Act (DTPA), and Fair Credit Reporting Act (FCRA)
• Arbitrated claims under the Equal Credit Opportunity Act (ECOA)
• Arbitrated a dispute between co-managing members of a company, in which one managing member alleged the other breached fiduciary duties by denying compensation for work performed and reimbursement for expenses incurred
• Arbitrated a dispute between a consumer and a car dealership involving allegations of common law fraud, including false representation and concealment related to the factory warranty
• Arbitrated breach of contract claims between a consumer and a hotel, arising from the consumer’s cancellation of a contracted event and refusal to pay the agreed-upon liquidated damages outlined in the contract
• Arbitrated a dispute between a purchaser and a car dealership involving claims of undisclosed accident damage to the purchased vehicle
• Mediated the dissolution of a restaurant partnership where the partnership assets included the restaurant itself, its land value, and also the value of a proprietary barbeque sauce developed by the partners, that had gained significant value through online sales
• Mediated a commercial dispute involving a mergers and acquisitions (M&A) payout, with additional claims related to intellectual property
• Mediated a dispute concerning the reasonableness of outstanding e-discovery expert fees related to commercial litigation
• Mediated a breach of fiduciary duty claim between two companies, where one company alleged that a former employee solicited its customers while still employed and, after leaving, took customers and confidential information to a competing business 
• Mediated the termination of a dealer agreement between two motor vehicle dealerships
• Mediated an alleged breach of a food supply agreement between two food supply companies, where one supplier claimed the other delivered products during a specified time period that failed to meet contractual specifications, resulting in damages
• Mediated a dispute between members of a joint venture created to market a product, involving claims and counterclaims for breach of contract, breach of fiduciary duty, and fraud
• Mediated consumer claims against a retailer alleging violations of the Fair and Accurate Credit Transactions Act (FACTA) for printing receipts at its 2,000 retail locations nationwide that displayed more than the last five digits of customers' credit or debit card numbers
• Class Actions, Mass Torts and Collective Actions
• Recently JAMS has instituted the JAMS Mass Arbitration Procedures and Guidelines.  Justice Rakowski has arbitrated, mediated and managed claims in accordance with these procedures and guidelines
• Arbitrated multiple consumer claims from a mass filing against a credit card company, with consumers seeking to enforce the cardmember agreement and recover costs and attorneys' fees
• Arbitrated multiple consumer claims from a mass filing against a banking institution seeking statutory damages and reimbursement of overdraft fees, based on alleged violations of Regulation E under the federal Electronic Funds Transfer Act and relevant state consumer fraud statutes
• Arbitrated and mediated nationwide class actions under the Telephone Consumer Protection Act (TCPA), addressing claims involving auto-dialing, "cramming," junk faxes, unauthorized cell phone calls, and unsolicited faxes and text messages
• Arbitrated and mediated claims under the Armstrong World Industries Asbestos Trust and DII Asbestos Trust involving asbestos-related injury claims in national bankruptcy matters
• Mediated alleged violations of the Illinois Biometric Information Privacy Act (BIPA) 
• Arbitrated consumer mass action against an educational institution alleging fraud and deceptive practices
• Presided over Sampson v. Kodak, a global class action brought by owners of Kodak cameras, recognized at the time as one of the largest class actions in Illinois history
• Authored all Appellate Court opinions in the Chicago Flood Litigation, addressing damage claims stemming from the Great Chicago Flood
• Presided over In re: Audi, a nationwide products liability class action brought against the manufacturer of Audi automobiles alleging unintended vehicle acceleration
• Construction
• Arbitrated a breach of contract dispute between a construction company and village involving claims for interest accruing under the Local Government Prompt Payment Act 
• Mediated a construction dispute involving the design and installation of a multimillion-dollar infiltration system, including a mechanic’s lien foreclosure action and a counterclaim for delay and consequential damages
• Mediated a dispute involving alleged property damage to the common areas of a condominium caused by defects and construction activities in another part of the building 
• Mediated a contract dispute arising from a home construction agreement, focusing on allegations of a defective hardwood floor in the newly built residence 
• Mediated a construction dispute involving a paper mill, focusing on whether errors in engineering drawings caused issues with the building 
• Mediated a dispute between neighbors involving the construction of a fence that required additional construction work on an adjacent property 
• Conducted a neutral evaluation of an appeal challenging whether an international tool company supplied tools in compliance with approved American National Standards Institute (ANSI) standards and satisfied the minimum essential requirements for procedural due process in the revision of the tool safety standard
• Cybersecurity & Privacy
• Mediated multiple claims alleging violations of the Illinois Biometric Information Privacy Act (BIPA)
• Arbitrated and mediated claims alleging violations of the Telephone Consumer Protection Act (TCPA) and invasion of privacy
• Employment Law
• Presided over, arbitrated and mediated many executive/employer disputes relating to terminations, compensation and various other contractual terms 
• Arbitrated claims by a former employee alleging wrongful termination in violation of the Michigan Elliott-Larsen Civil Rights Act and Section 1981 of the Civil Rights Act, as well as failure by the employer to pay overtime wages for hours worked beyond 40 hours per week
• Arbitrated claims involving an alleged breach of an employment contract, with the employer asserting misappropriation of trade secrets and unfair competition 
• Arbitrated multiple cases involving employee claims for damages arising from employers' alleged violations of the overtime and minimum wage provisions of the Fair Labor Standards Act 
• Arbitrated claims brought by an employee alleging that the employer breached an agreement by failing to pay a Management by Objectives (MBO) bonus and/or a Sales Incentive Award (SIA)
• Arbitrated a dispute between an executive and an employer concerning an alleged bonus payment owed under a Long-Term Incentive Plan Award Agreement and a separate agreement to postpone litigation
• Arbitrated and mediated multiple wage and hour disputes
• Arbitrated and mediated multiple employment cases involving alleged discrimination based on race, sex, religion, age, sexual orientation, national origin, and disability
• Arbitrated and mediated numerous claims of wrongful termination
• Arbitrated an alleged breach of employment contract matter involving a former employee who, after voluntarily separating from an insurance company, claimed entitlement to continuing commissions under the employment agreements.
• Mediated a qui tam action seeking damages and civil penalties on behalf of the State against an oil company and its affiliates. The claims involved alleged false statements and omissions regarding insurance coverage to unlawfully obtain environmental remediation funds from the State Environmental Protection Agency (EPA) and the Leaking Underground Storage Tank Fund
• Mediated an employment dispute between a physician and a hospital facility involving allegations of breach of contract and violations of restrictive covenants
• Estates/Probate/Trusts
• Mediated multiple wills and trusts disputes and professional liability claims — including a breach of fiduciary duty, negligence, and fraud claim asserted against the trustee over a period of approximately 21 years
• Federal Law
• Arbitrated, mediated and presided over scores of disputes where the applicable substantive law is federal constitutional and/or statutory law and federal case law interpreting same
• Arbitrated and mediated disputes alleging violations of various federal consumer protection Statutes
• Insurance
• Arbitrated a dispute between an insured and an insurance company involving a request for an order compelling the insurer to comply with the terms of a settlement agreement related to insurance coverage for numerous asbestos bodily injury claims
• Arbitrated an insurance coverage dispute in which a company sought to recover amounts owed by its insurer for losses acknowledged as covered under a Cyber Insurance policy subscribed to by Underwriters
• Mediated a dispute between two insurance companies concerning insurance commission payments
• Mediated an appraisal dispute regarding the estimated cost of roof repairs following hail damage
• Mediated bad faith claims arising from the alleged failure to settle a matter
• Mediated claims involving an employee's alleged theft from an employer, where the employer filed a claim under an insurance policy covering losses due to employee dishonesty, leading the insurance company to file two complaints against both the employee and the employer
• Mediated a property damage claim involving a restaurant establishment that was denied coverage, with the restaurant alleging professional negligence by the insurance company in the placement of the policy
• Mediated an insurance coverage dispute concerning whether the property met the policy’s definition of "vacant" at the time of the loss
• Mediated an insurance coverage dispute involving water damage to the insureds' home and allegations of stolen property, with the insurer denying the claim based on water damage and intentional acts exclusions
• Mediated a dispute between an insurance company and a multi-unit condominium development over roof replacement costs stemming from alleged hail damage 
• Mediated a dispute involving allegations against an insurance company’s adjusters concerning their handling of a structure claim, valuation of certain contents, and alleged destruction of other valuable items. The insured asserted claims for breach of contract, unreasonable and vexatious delay under 215 ILCS 5/155, common law fraud, and consumer fraud
• Conducted a neutral evaluation of an appellate dispute involving insurance coverage for past and future asbestos bodily injury claims
• Conducted a neutral evaluation of fraud claims arising from an insured’s alleged non-disclosure of essential information that would have led the insurer to decline issuing a policy
• Appraised a claim settlement between an insured party and an insurance company
• Personal Injury
• Presided over, arbitrated and mediated a wide variety of personal injury actions from simple slip and falls to mass tort actions.  Presided over, arbitrated and mediated tort immunity disputes.  
• Arbitrated a dispute involving a patient who suffered a fall while under the care of a retirement facility, ultimately resulting in the patient’s death
• Mediated and arbitrated several claims pursuant to the Armstrong World Industries Asbestos Trust and DII Asbestos Trust, national bankruptcy trust asbestos-related injury claims
• Mediated a dispute involving an ironworker who sustained injuries on a construction site due to alleged construction negligence
• Mediated premises liability claims brought by several temporary laborers who were injured during the deflation of an indoor inflatable golf dome
• Mediated a wage loss claim involving time missed due to diesel fume exposure while operating a locomotive, as well as bodily injuries sustained in a collision between two trains
• Mediated a trip-and-fall claim involving bodily injuries sustained by a claimant during a foot chase of a suspect across a parking lot 
• Mediated personal injury claims involving a football player and issues related to the terms of their contract 
• Mediated personal injury claims brought under the Gender Violence Act
• Professional Liability
• Mediated claims involving legal malpractice and allegations of fee overcharges
• Mediated several claims involving an alleged breach of fiduciary duty
• Mediated claims involving the improper destruction of documents in violation of a court-ordered hold
• Mediated an accounting malpractice case involving allegations of failure to file required IRS documents to claim a net operating loss (NOL) carryback
• Real Estate
• Presided over, arbitrated and mediated many disputes involving commercial and residential real estate, condominiums and townhomes including lease disputes, restrictive covenants and contractual interpretations
• Arbitrated a dispute involving a property purchaser who used multiple apartment complexes—each subject to pending state court foreclosure actions—as collateral, with the seller seeking reimbursement from the individual borrowers 
• Mediated a dispute between an association and a commercial owner regarding whether to continue retaining the property management company 
• Mediated a dispute involving claims of misrepresentation aimed at inducing the buyer to pay above fair market value for the purchase
• Conducted a neutral evaluation concerning real estate valuation 

Honors, Memberships, and Professional Activities

Background and Education