Emily Galligan

Practices

• Civil Rights Litigation/Section 1983 & Correctional Healthcare
• Employment & Labor
• Governmental
• Medical Malpractice
• Professional Liability

Credentials

Education

J.D., Northern Illinois University College of Law

M.B.A., Bradley University

B.S., Illinois State University, Business Administration

Licensure(s) and Admission(s)

State Courts of Illinois

United States District Court for the Central District of Illinois

Professional Affiliations

Illinois Defense Counsel

Employment Law Committee (2016 -2019)

Local Governmental Law Committee (2016 -2018)

Illinois State Bar Association

Peoria County Bar Association

Community Outreach Chair (2014 – 2016)

Project Santa Co-Chair (2015)

Vice Chair (2016 – 2018)

Winter Series Civil Practice CLE, Co-Chair (2016)

Young Lawyers Committee, Chair (2017 – 2018)

Community Involvement

Carle Health Center for Philanthropy – Greater Peoria Board of Directors 

UnityPoint Health – Central Illinois Foundation, Board Member (2021 – 2023)

Destiny for Women Health Clinic, Board Member (2021 – 2023)

Heart of Illinois Big Brothers, Big Sisters, Board Member (2015 – 2020)

Young Professionals Organization of Greater Peoria, Board Member (2016 – 2017)

Peoria Chamber of Commerce Community Leadership School, Graduate (2016)

St. Jude Washington to Peoria, Runner (2015 – 2017)

10th Judicial Circuit Pro Bono Help Desk

Bradley University Annual Mock Trial Competition

Heart of Illinois Big Brothers Big Sister

Neighborhood House Tutor

Results

• Peoria Company v. Individual and Competing Company (2021) – Obtained a preliminary injunction for a Peoria-based company in which the opposing parties were unfairly competing against it in breach of a restrictive covenant contained in an employment agreement. The defendants' actions caused monetary damages, as well as customer confusion and irreparable damage to the Peoria-based company's reputation by infringing upon the Peoria-based company's logo and providing identical services. The court ordered that the defendants were immediately prohibited from soliciting or contacting individuals or businesses they knew or should know were current or former customers. It also prohibited the defendants from using or displaying its service mark. The court also ordered that all confidential trade secrets and intellectual property must be returned to the Peoria-based company.
• D.R. v. Individual Realtor and Realty Company (2017) – Obtained defense verdict for a real estate agent in a jury trial in which the plaintiff claimed damages related to representations made in the course of the purchase of a home. One year after purchasing the home, the plaintiff experienced a septic tank failure that resulted in damage to his basement. The plaintiff claimed that he was unaware that a septic tank serviced the home and that the agent misrepresented that the home was connected to the city sewer. The court granted summary judgment prior to trial on the plaintiff's claims of fraudulent concealment, breach of contract, and professional malpractice. The judge granted the firm's motion to strike a negligence per se count at trial. Following the trial, the jury entered a defense verdict on the fraudulent misrepresentation count. The judge entered judgment in favor of the defendants regarding counts relating to the Illinois Consumer Fraud and Deceptive Business Practices Act and breach of fiduciary duty claims.
• Young v. ___ (C.D. Ill 2017) – Represented seven clinical therapists in an inadequate mental health treatment claim. The court granted the defendants' summary judgment motion and agreed that the plaintiff could not support his claim by demonstrating that any individual defendants failed to provide him with sufficient mental health treatment. The defendants provided evidence, including the plaintiff's clinical progress notes, which established the plaintiff's engagement in the treatment process to defeat the plaintiff's claim.
• Adams v. ___ (C.D. Ill 2017) – Successfully defended the grievance examiner of a state facility in two religious claims: the Religious Land Use and Institutionalized Persons Act claim and a First Amendment claim for the freedom of religion. The Central District granted the defendant's summary judgment motion and agreed 'that the facility's policies did not affect religious beliefs. Furthermore, the facility's failure to initiate a specific non-denominational Christian church service for these plaintiffs was not a violation of the plaintiff's First Amendment right because there are currently several Christian church services for the plaintiffs to attend.
• Hughes v. ___ (C.D. Ill 2017) – Defended grievance examiner in a claim relating to food quality at a state facility. The court agreed that the grievance examiner had no control over the food service. Additionally, the grievance examiner properly addressed and attempted to resolve the plaintiff's concerns outlined in his grievances. The court granted the defendant's summary judgment motion.
• Poole v. ___ (2015) – Successfully argued summary judgment motion in state court as it related to Plaintiff's cause of action for deliberate indifference for failing to protect him from another inmate and deliberate indifference to his medical needs against jail personnel. The court agreed that there was no evidence that the plaintiff's attacker was a specific risk of harm to the plaintiff and that the defendants were not personally involved in administering the plaintiff's medication or medical treatment.
• Strickland v. ___ (C.D. Ill 2016) – Defended jail personnel in a claim for deliberate indifference to the plaintiff's serious medical needs due to a back brace allegedly confiscated during incarceration. The Central District granted the defendants' summary judgment motion based on the fact that they lacked personal involvement as it related to any alleged confiscation of a back brace and any personal involvement in his medical care or treatment.

Presentations/Publications

Presentations

“Sexual Harassment Prevention and Tips,” IAPD/IPRA Soaring to New Heights Conference (2019, 2020, & 2021)

“Sexual Harassment Update for Public Employers,” Heyl Royster’s 33rd Annual Claims Handling Seminar (2018)

“How to Minimize Cyber Liability,” 104th Annual Illinois Municipal League Conference (2017)

“Premises Liability Update,” Heyl Royster's 32nd Annual Claims Handling Seminar (2017)

“Ethics in Employment Law,” National Business Institute: Illinois Employment Law (2017)

“Cyber Liability for Public Bodies,” Illinois Association of County Board Members New Employment Laws Seminar (2017)

“Mitigating Volunteer Liability,” IASB/IASA/IASBO’s Joint Annual Conference (2016)

“Social Media - Must Know Legal and Insurance Risks,” Kuhl & Company Insurance Quarterly Seminar (2016)

“2016 Legislative Update for Public Employers,” Heyl Royster Lunch & Learn Governmental Seminar (2016)

“New Laws Affecting Illinois Employers”, Heyl Royster Annual Employment Seminar/Webinar (2015)

Publications

“A Comparison of Delegatto and Brown: Using Consent Forms to Obtain Summary Judgment on Apparent Agency,” Illinois Defense Counsel Quarterly (2022)

“City’s Motion to Vacate $1.24 Jury Verdict in Section 1983 Action Affirmed by Seventh Circuit, Illinois Defense Counsel Quarterly (2022)

“In Utero” Medical Records Deemed Discoverable Without Birth Mother’s Consent,” Illinois Defense Counsel Quarterly (2022)

“City’s Motion to Vacate $1.24 Jury Verdict in Section 1983 Action Affirmed by Seventh Circuit,“ Illinois Defense Counsel Quarterly (2022)

“Legal Disability Can Toll the Statute of Limitations and Statute of Repose Despite a Pending Lawsuit,” Illinois Defense Counsel Quarterly (2022)

"IL Supreme Court Rules Exclusivity Provisions in Workers’ Comp Act Doesn’t Bar Claims Under BIPA," Below the Red Line - Heyl Royster Workers' Compensation Newsletter (2022) 

“First District Holds Orthopedist is Not Apparent Agent of Hospital in Wrongful Death Case,” Illinois Defense Counsel Quarterly (2021)

“Procedure Over Prejudice: Fourth District Affirms Trial Court’s Judgment,” Illinois Defense Counsel Quarterly (2021)

“Illinois Supreme Court Reverses Third District Ruling in Fatal Blood Clot Case,” Illinois Defense Counsel Quarterly (2021)

“Seventh Circuit Affirms Summary Judgment in Favor of Police Officers in Use of Force Case Against Individual Suffering from Mental Illness,” Illinois Defense Counsel Quarterly (2021)

“Supreme Court Affirms: Experts Redesignated as Consultants Are Entitled to Consultant’s Privilege Against Disclosure,” Illinois Defense Counsel Quarterly (2021)

"Illinois Appellate Court Dismisses Battery Claim Arising From Use of New Medical Device," International Association of Defense Counsel Medical Defense and Health Law Committee Newsletter (2020)

“Gilbert, Health Care Advertising, and Consent Forms – Second District Rules Obstetrician Was Not an Apparent Agent of Hospital,” Illinois Defense Counsel Quarterly (2020)

“Insurer Compelled to Comply with HIPAA Privacy Rule Requirements,” Illinois Defense Counsel Quarterly (2020)

“Summary Judgment for Hospital Reversed Under Apparent Agency Theory,” Illinois Defense Counsel Quarterly (2020)

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Awards/Recognition

• Emerging Lawyer by Law Bulletin Media℠, 2018 -2023
• Outstanding Contribution to the College of Law Community by Northern Illinois University College of Law, 2014
• Winter National Law Review Writing Competition Winner, 2014
• Best Lawyer: Ones to Watch in America^TM by Best Lawyers: Ones to Watch in America^TM – Medical Malpractice Law – Defendants