King Poor concentrates on trial and appellate practice involving commercial litigation, bankruptcy and creditors’ rights, and administrative law.
As an appellate lawyer, he has appeared before the United States Supreme Court three times; presenting oral argument in one case (Kontrick v. Ryan
, 540 U.S. 443 (2004) (Court settles nationwide split of authority as to bankruptcy rule deadlines) and has served as second chair for two others: United States v. Goodman
, 546 U.S. 151 (2006) (in representing a group of states, Court limits reach of American With Disabilities Act in state prison litigation) and Harris v. Reed
, 489 U.S. 255 (1989) (Court rules 8-1 in client’s favor holding that for federal habeas
case state court must expressly rely on waiver of constitutional right). He has also authored two petitions for certiorari granted by the Supreme Court.
Overall, Mr. Poor has also participated in some 60 appeals ranging from civil cases involving commercial disputes, class action defense, arbitration, creditors' rights, and regulatory matters to pro bono criminal and habeas cases. He has presented numerous appellate arguments, including those before United States Court of Appeals for the Seventh Circuit, the Supreme Courts of Illinois and Delaware, and the Illinois Appellate Court. This experience includes:
- United States v. McMurtrey, 704 F.3d 502 (7th Cir. 2013) (court rules client’s right to challenge search warrant unconstitutionally restricted).
- Jamie S. v. Milwaukee Public Schools, 688 F.3d 481 (7th Cir. 2012) (court reverses class action certification involving special education claims).
- Securities and Exchange Com'n v. Wealth Mgt. LLC, 628 F.3d 323 (7th Cir. 2010) (court affirms plan of distribution proposed by client as receiver).
- Herlehy v. Marie V. Bistersky Trust, 407 III. App. 3d 878 (1st Dist. 2010) (affirms decision in favor of client charities involving validity of trust).
- Julian v. Bartley, 495 F.3d 487 (7th Cir. 2007) (court reverses and grants habeas relief to client for resentencing).
- United States v. Ortiz, 431 F. 3d 1035 (7th Cir. 2005) (court overturns client’s 20-year sentence arising from uncharged conduct at sentencing).
- Alhambra-Grantfork Tel. Co. v. Illinois Commerce Com’n, 358 Ill. App. 3d 818 (5th Dist. 2005) (court affirms agency decision in favor of client stemming from interconnection charges for wireless carriers).
- Smurfit Newsprint v. Southeast Paper, 368 F. 3d 944 (7th Cir. 2004) (court reverses in favor of client, holding that New York insurance law does not apply to general contractual indemnity involving the sale of a paper mill).
- Bruemmer v. Compaq Computer, 329 Ill. App. 3d 755 (1st Dist. 2002) (court affirms dismissal of class action against client involving computer warranties).
- Abrams v. Unity Mutual, 237 F. 3d 862 (7th Cir. 2001) (court affirms dismissal of claims against client holding that the Statute of Frauds barred unjust enrichment action related to insurance sales program).
Mr. Poor’s trial court practice includes commercial cases in state and federal court involving contract issues, business torts, real estate disputes, franchise litigation and class action defense. His bankruptcy and creditors rights’ practice includes litigation involving the rights of secured creditors and fraudulent transfer and preference actions. Representative experience includes:
- Corus Bank N.A. v de Guardiola, 593 F. Supp.2d 991 (N.D. Ill. 2008) (court grants motion to abstain in favor of client in litigation over guaranty of real estate development).
- City of Waukegan v. National Gypsum Co., 560 F. Supp. 2d 636 (N.D. Ill. 2008) and related cases (represented client in litigation and settlement of major Superfund case).
- Defended nationwide wireless carrier in consumer class action involving cellular telephone contracts; court dismisses all claims against client.
- Represented major Chicago office buildings in lease disputes; obtained dismissal of all claims in one case, and favorable settlement in another after court ruling in client’s favor.
- In fraudulent transfer action, court grants client summary judgment and avoids transfers of commercial real estate.
Education and Honors
- Emory University School of Law (J.D., 1979)
- Dartmouth College (A.B., cum laude, 1976)
U.S. Supreme Court
U.S. Court of Appeals, Federal Circuit
U.S. Court of Appeals, 7th Circuit
U.S. Court of Appeals, 9th Circuit
U.S. District Court, Northern District of Illinois
U.S. District Court, Northern District of Illinois, Trial Bar
U.S. District Court, Central District of Illinois
U.S. District Court, Eastern District of Wisconsin
U.S. District Court, Northern District of Texas
Listed in The Best Lawyers in America®
(2013: Commercial Litigation).
Selected for inclusion in the 2012-2013 Illinois Super Lawyers®
lists (Business Litigation).
Selected by the Chicago Law Bulletin’s
Leading Lawyer Network as a “Leading Lawyer” for commercial litigation.
Peer Review Rated.
Professional and Civic Activities
- Appellate Lawyers Association (Member).
- Defense Research Institute (Member).
- Seventh Circuit Bar Association (Member).
- Chicago Bar Association (Member).
- Faculty member at national program, Boulder, Colorado and for other in-house NITA programs.
- Village of Winnetka (Trustee, 2007-2011; Environmental and Forestry Commission, 2008-2011; Chairman, Board of Zoning Appeals, 1988-1991).
- Assistant Illinois Attorney General (Illinois Commerce Commission Division, 1980-1984).