newton c. marshall
  Member

Newt Marshall has a diverse litigation practice representing construction companies, condominium associations, engineers, real estate and insurance brokers, attorneys, and other licensed professionals in contract, tort, compliance, and fraud-based litigation. Mr. Marshall also represents a variety of design professionals, including architects, professional and structural engineers, land surveyors, and design‑builders. His representation of those professionals includes the areas of breach of contract, construction delay, professional negligence, statutory fraud, and mechanic’s liens. Mr. Marshall has tried numerous bench and jury cases and arbitrations and has negotiated hundreds of settlements through formal mediation and informal negotiation. He also frequently drafts and negotiates design and construction contracts for his clients, and is uniquely experienced in negotiating contracts on behalf of hospitals and healthcare organizations.

Mr. Marshall’s commercial litigation work concentrates in the areas of business torts, regulatory compliance, breach of contract, consumer claims, and business fraud. He represents real estate and mortgage brokers, attorneys, home inspectors, and other real estate professionals in a variety of cases and administrative claims. He has particular strength in defending clients in actions brought under the Illinois Consumer Fraud Act, municipal ordinances pertaining to developers and landlords, and state professional licensing statutes. Mr. Marshall has been successful in mitigating clients’ exposure under these statutes and ordinances.

Mr. Marshall serves as the Illinois “hotline” attorney for a national professional liability carrier to counsel real estate and other professionals on immediate legal needs helping to reduce their exposure to lawsuits. He has also represented real estate professionals, design professionals, and attorneys in investigations and prosecutions alleging discrimination and licensing violations brought by local, state, and federal agencies, including the U.S. Department of Housing and Urban Development, U.S. Environmental Protection Agency, U. S. Attorney, Illinois Department of Financial and Professional Regulation, Attorney Registration and Disciplinary Commission, Illinois Department of Human Rights, Illinois Attorney General, Cook County Commission on Human Rights, and Chicago Building Department.

Mr. Marshall often lectures to real estate, construction, design, and healthcare associations and their members on contract negotiation, litigation techniques, risk management, and professional liability. His formal and thorough presentations enable these professionals to obtain required continuing education and licensing credits and maintain their business in a manner which limits exposure to legal claims. Mr. Marshall has published articles in real estate publications, such as Realtor® Magazine, Chicago Realtor® Magazine, Broker to Broker, and Real Estate Finance. He also co‑authored a chapter of an Illinois Institute for Continuing Education (IICLE) publication entitled, “Condominium Litigation.”

Mr. Marshall has completed intensive training in mediation and negotiation from the faculty of Pepperdine University School of Law’s top‑ranked Straus Institute for Dispute Resolution, and is a Certified Mediator in the Cook County Court-Annexed Major Case Civil Mediation Program. He is a member of the American Bar Association, Chicago Bar Association, Illinois Association of Defense Trial Council, Defense Research Institute, and Professional Liability Underwriting Society. Mr. Marshall obtained a degree in Economics from Denison University, Granville, Ohio. He graduated in 1992 from Case Western Reserve University School of Law, Cleveland, Ohio.

Publications and Presentations

Mr. Marshall speaks, lectures and has published numerous articles on issues pertaining to real estate agents and brokers, condominium litigation, design and construction issues, and professional liability. He is co‑author of Chapter 16, “Condominium Litigation,” in Illinois Condominium Law, a book published by the Illinois Institute for Continuing Legal Education (IICLE), and its 2003, 2007, 2010, 2013, and 2016 Supplements.

Mr. Marshall’s recent presentations include:

  • “Liability Issues Related to the Use of Drones in Engineering,” DRI Professional Liability Seminar, New York, New York, December 2015.
  • “From Opening to Close – A Construction Trial and the Technology to Win Your Case,” Illinois State Bar Association Mock Trial Seminar, “Tips and Techniques for Conducting Opening Statements,” Chicago, Illinois, October 2015.
  • “Applying Risk Management Principles to the Practice of Engineering,” Engineering Law and Risk Management Seminar for Continuing Education, Wheaton, Illinois, June 2015.
  • “Engineering Malpractice,” Professional Development Seminars, Countryside, Illinois, October 2014.
  • “Law of Engineering Malpractice,” Illinois Engineering Law, Continuing Education Seminar, Peoria, Illinois, October 2013.
  • “Disclosure Issues for Real Estate Brokers,” Client Seminar, May 2013.
  • “Understanding The Law of Architectural Malpractice,” Legal Issues for Illinois Architects, Continuing Education Seminar, December 2011.
  • “Engineering Malpractice,” Legal Issues for Illinois Professional Engineers, Continuing Education Seminar, April 2011.
  • “Active Management of Litigation Risks,” IEEE Engineering Management Society, Wheaton, Illinois, April 2009.
  • “Strategies for Reducing Exposure to Defects and Failures,” Continuing Education Seminar, “Illinois Law of Construction Defects and Failures,” Wheaton, Illinois, January 2009.
  • “What to Do When Construction Projects Go Bad in Illinois,” Lorman Education Services Seminar, Naperville, Illinois, November 2008.
  • “Disclosure Obligations for Real Estate Professionals,” Live Interactive National Webinar, June 2008.
  • “Professional Engineers:  Exposure and Defenses Under Illinois Law,” Half Moon Continuing Education Seminar, Wheaton, Illinois, May 2008.
  • “Construction Law Issues for Health Care Providers,” Chicago Bar Association, Health Law Committee, Chicago, Illinois, May 2008.
  • “Legal Aspects of Professional Engineering,” Illinois Society of Professional Engineers’ Annual Meeting, Oak Brook, Illinois, July 2007.
  • “Construction Contract Basics for Hospital Expansion,” Illinois Hospital Association, live webinar, June 2007.
  • “Legal Actions Arising From the Real Estate Purchase Contract Against Agents and Brokers,” Lorman Education Services seminar, “Real Estate Professionals’ Obligations and Liability in Illinois,” Chicago, Illinois, July 2006.
  • “Risk Management for Engineers,” Illinois Society of Professional Engineers, Chicago Chapter, Chicago, Illinois, April 2006.

Mr. Marshall is also a published author contributing to Broker to Broker: Management Lessons from America’s Most Successful Real Estate Companies, a book for residential real estate brokers and managers that was published by John Wiley & Sons in 2006.

In the October 2006 issue of Realtor® Magazine, Mr. Marshall was one of the attorneys interviewed for “Your associate broke the law!,” an article offering an insider’s view of agent issues that could propel real estate brokers into a liability lawsuit. Other real estate articles include:

  • “How to Protect Against a Lawsuit,” Chicago Realtor Magazine, Vol. 20, Spring 2011.
  • “The Right Road, Risk Management for Brokers,” Realtor® Magazine, Vol. 40, No. 8, August 2007.
  • “Beware – Before You Buy or Sell Your Own Property:  Tips for Brokers, Agents, on Staying out of Trouble,” co-author, Victor O. Schinnerer & Company, Inc.’s quarterly newsletter, “Risk Management Reporter,” Spring 2007.
  • “Illinois Appellate Court Reaffirms Economic Loss Doctrine,” Construction Law Update of Real Estate Finance, June 2006.



Education:
Bachelor of Arts degree from Denison University, Granville, Ohio (1986)
J.D. degree from Case Western Reserve University School of Law, Cleveland, Ohio (1992)

Bar Admissions:
Admitted to the Illinois Bar and the United States District Court for the Northern District of Illinois in 1992.

Contact:
Phone: 312.431.3621
Email: nmarshall@karballaw.com
VCard: Newton C. Marshall
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