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Daniel T. Gilbert, Esq. 

Dan Gilbert has been a law instructor, author,  and has engaged in the trial of civil and criminal cases in the courts of Cook County, southern Wisconsin, and northern Illinois for over 29 years. In that time he has tried several major criminal and civil jury trials to verdict.

Beginning in 1996 Mr. Gilbert, while a sole practitioner,  was retained as lead counsel by retired U. S. Army Lt. Col. Kurt Carlson and six Navy divers in an action against the Islamic Republic of Iran. He filed the lawsuit in the U. S. District Court in the District of Columbia. One month after September 11, 2001, he tried the case in a week long trial before Federal Judge Thomas Penfield Jackson. Judge Jackson entered a judgment of $309 million dollars in favor of his clients. 

The case arose out of the hijacking of TWA Flight 847 by Islamic terrorists, trained and equipped by Iran , on route from Athens to Rome in June of 1985. The claims were brought under the amendments approved by Congress to the Foreign Sovereign Immunities Act in 1996 and sign by President Clinton that same year. Ultimately, through extensive lobbying efforts, the compensatory damages awarded were paid through an appropriation authorized by Congress and signed by President Bush utilizing frozen assets belonging to Iran in the custody of the U. S. Department of State.  Mr. Gilbert, thereafter, petitioned the Treasury Department and was successful in the collection of compensatory damages for his clients. Mr. Barrett second chaired him at this trial. 

Mr. Gilbert has been working with some of the naval members of the USS Pueblo and their families in an effort to recompense them for their injuries after being captured by the Government of North Korea in 1968. With the assistance of D.C. Law firm, he helped obtain a $65 million judgment on their behalf. He is continuing in his efforts to assist in the collection of this judgment for these families.

Mr. Gilbert and his partner, Greg Barrett, are currently reviewing several other international terrorism cases which have been offered.

Mr. Gilbert is a nationally recognized speaker, who has provided law training to police officers, prosecutors and judges in nearly every state in the United States, including Guam .

Mr. Gilbert won one of the first cases in the state of Illinois in which a paternal grandparent was granted legal custody of a grandchild. He has handled medical malpractice cases that have involved catastrophic brain injury, morphine overdose, heart and circulatory injury, surgical errors, failure to diagnose cancer, blindness, orthopedic injuries, birth injuries, nursing home malpractice, and wrongful death. 

Mr. Gilbert has authored numerous legal publications and treatises for police, prosecutors and lawyers. He is a contributing author to the 1998 publication Apprehending and Prosecuting the Drunk Driver by Matthew Bender. He has authored two law publications for the National Academy of Sciences (TRB) in Washington, D.C. : Photographic Enforcement of Traffic Laws, and Legal Treatise Digest and Synthesis, a comprehensive analysis of the fifty state laws. In addition, he has written over forty law articles for the Traffic Safety Magazine and National Safety Council, as well as numerous articles for the Traffic Institute of Northwestern University.

Mr. Gilbert is a law instructor at Northwestern University in Chicago (present) and was a Professor of the Graduate and Undergraduate programs at Rockford College (24 years). 

Mr. Gilbert currently teaches several law subjects for Northwestern University (Law Enforcement),  the University of Wisconsin (Public Managers), Northeastern Mobile Regional Training program (Law Enforcement), and for a number of law enforcement agencies. These courses include: Counter Terrorism for Law Enforcement Officers, Legal Aspects of Crime Scenes, Legal Aspects of Discipline for Police, Legal Aspects of Mobile Video-Taping, and Constitutional Law. In February, 2006, he lectured on "How to Protect yourself from a Medical Malpractice Lawsuit," for the Chicago Medical School (Roselyn Franklin), Waukegan , Illinois . He has taught Legal Aspects of Accident Reconstruction and every legal subject offered at the School of Police Staff and Command for the Northwestern University Traffic Institute during his tenure as Senior Legal Counsel/Law Instructor. 

Mr. Gilbert has taught numerous continuing legal education seminars on traffic law of the Illinois State Bar Association and for the Illinois Judge's Association.

For several years, Mr. Gilbert was the Co-Director and a law instructor of the National Vehicular Homicide/DUI Conference, an international training program for police, prosecutors and judges, held in Chicago . Also, he was Director and law instructor of the 1st and 2nd Pacific Rim Vehicular Homicide & DUI Seminar (1997-98).  

As a law instructor and legal author, he also wrote and taught several legal subjects on legal aspects of accident reconstruction, trial advocacy and toxicology, edited the Vehicular Homicide notebooks, and coordinated the program in the United States and in Guam . Some of the law subjects Mr. Gilbert taught include: Trial Strategy & Tactics, Civil Liability of Police, Legal Aspects of Mobile Video-Taping, and Legal Aspects of Crime Scenes.

Mr. Gilbert was interviewed and provided comments for the Traffic Safety film, produced by the National Safety Council, which is used in court-administered traffic safety schools throughout the United States .

Mr. Gilbert received the Distinguished Service Award at a ceremony in Washington D.C. for his contribution to traffic safety for his work as Executive Director of the National Committee on Uniform Traffic Laws & Ordinances (1995). Mr. Gilbert received the Karl C. Williams Award for constancy, devotion, meritorious service to Rockford College (1997).

On July 10, 1999 , Mr. Gilbert was the keynote speaker at the Annual Combined Accident Reduction International Conference in Phoenix , Arizona . More than 300 administrators, law enforcement, attorneys, and highway safety officials attended.

Professional Practice

• Attorney (Licensed in Illinois (1980 to present) & Wisconsin (1985 to present)
• Teaches a variety of legal subjects on mobile video-taping, Right of Privacy, Search & Seizure for numerous law enforcement training boards in Illinois including twenty-four seminars on Racial Profiling for Illinois Training Boards (NITAB, Deb Alms, Director and Mobile Team One, Bill Walls, Director)
• Law Instructor -- State's Attorney and Prosecutor Training ( Illinois ), (2002), "Legal Aspects of Chemical Testing." Center for Legal Studies, University of Illinois .
• Law  Instructor -- State's Attorney & Prosecutor Training ( Illinois ), (2000), Center for Legal Studies, University of Illinois .
• Project Director and faculty member of the National Vehicular Homicide - DWI Conference, a four day national training program for prosecutors, police and judges for nearly ten years
• Adjunct Professor at Rockford College in Criminal Justice, Sociology of Law, and Business Law
• Consultant to the CBS program, Ultimate Driving Challenge, televised April 14, 1993
• Appeared on a CNN program on Photo RADAR televised January of 1993
• Former legal advisor to a County Sheriff 's Department
• Former prosecuting attorney who has tried a variety of cases, including reckless homicide and DUI
• Private practice handling personal injury, medical malpractice, civil and corporate work
• Former Executive Director of the National Committee on Uniform Traffic Laws & Ordinances
• He was lead counsel of military officers taken hostage by Islamic extremists on board TWA Flight 847 (June 14, 1985) in which he won on their behalf $308 million dollar verdict against the Islamic Republic of Iran in Washington D.C. before the D.C. Federal Court. Judge Thomas Penfield Jackson. (Trial October, 2001, Verdict April 2002). Two movies and three books have been written regarding this hijacking. His clients received full recovery for their compensatory damages.

Notable Cases and Results:
Carlson vs. Islamic Republic of Iran , 201 F. Supp. 2d 78 (D.D.C., 2002), verdict of $308,000,000.00 entered per Judge Thomas Penfield Jackson in favor of six plaintiffs and spouses. Verdict represents record largest per diem compensatory award for international airliner hijacking and torture to surviving victims of international terrorism.

Confidential Case Name (Winnebago County, IL, 2004); recovery in the amount of $7,000,000.00 represents highest amount paid in voluntary settlement of medical malpractice action in Winnebago County.

Confidential Case Name (Winnebago County, IL, 2000); recovery in the amount of $3,500,000.00 represented then highest amount recovered by either settlement or verdict for wrongful death in Winnebago County, IL.

Confidential Case Name ( Winnebago County , 2001); recovery of $2,500,000.00 represents largest amount recovered by settlement or verdict to a survivor of medical malpractice for cardiac injury.

Confidential Case Name (U.S.D.C., N. Dist., IL, 2003) and (Winnebago County, IL, 2003); recovery of $1,600,000.00 for combined liability of state and federal court defendants for medical malpractice resulting in vision loss represents a record high recovery in courts of Northern Illinois for such an injury.

Confidential Case Name, ( Winnebago County , 2003) $1,000,000.00 for failure to diagnose breast cancer.

Confidential Case Name ( Winnebago County , 2006), $800,000 drug overdose of patient who underwent elective surgery. The case required exhumation of corpse for forensic examination.

Confidential Case Name (Winnebago County, 1999), $600,000 recovery against doctor and clinic who failed over a two year period to diagnose ovarian cancer in a 59 year old woman.  

Grawey vs. Rockford Memorial Hospital , $500,000.00 for suicide attempt in the emergency room.

Confidential Case Name, ( Winnebago County , 2004), $400,000 recovery for inadvertent injury to kidney's blood supply during removal of a tumor on the kidney.

Confidential Case Name, ( Winnebago County , 2003), $400,000 recovery for 6 month delay in making lung cancer diagnosis.

Confidential Case Name, ( Winnebago County , 2004), $250,000 recovery against nursing home. It  failed, over a period of six months, to prevent a decubitus ulcer in a 90 year old resident.

Anderson vs. Bob Evans, Inc ., $350,000 recovery against owner of commercial truck for multiple trauma arising out of intersectional motor vehicle collision.

Biography:

Contributing Author of Chapters 1, 3, 5 and 10 (and supplements) of book, Apprehending and Prosecuting the Drunk Driver: A Manual for Police and Prosecutors (1997-98)  Mathew Bender; Author: with R.R. Blackburn, two legal treatises for National Academy of Sciences, 1995; "Photographic enforcement of traffic laws," NCHRP Project 20-5, Topic 22-1, Syntheses 219, National Academy of Sciences, Transportation Research Board, 1995-1996; with N. Emerson, chapter, "Double jeopardy and administrative license revocation, and several other revisions," Apprehending and prosecuting the drunk driver, University of Wisconsin Law School, 1996; chapter, "Photographic enforcement of traffic laws, a study of all traffic and case law regarding the use of photographic technology in the enforcement of traffic laws," NCHRP No. 38, National Academy of Sciences, December 1995. Professor of Law, Rockford College , 1981. Instructor of Law, Northwestern University, Traffic Institute, 1989-1999.

Professional Teaching:

2003 to Present: Teach law courses for the University of Wisconsin (Certified Public Manager's Program) (Wisconsin State Police), Courtroom Testimony, Constitutional Law I & II; Legal Aspects of Discipline, and "Law Enforcement's War on Terrorism," Terrorism Work shop.

2003 to Present: Teach law courses for North East Mult-Regional Training, Mobile Video Taping, Crime Scenes (Cook County Task Force), ADA , and Discipline. Teach Arrest, Search & Seizure in Cook County (7/03).

Taught law courses to judges, prosecutors, police officers and police executives throughout the United States (AZ, AR, CO, DC, FL, HI, ID, IL, IN, IA, KS, KY, LA, MD, MA, MI, MN, MS, MO, NE, NV, NJ, NM, NY, ND, OH, OR, PA, SD, TN, TX, VA, WI, and GUAM) for Northwestern University School of Police Staff and Command, Evanston, Illinois (1987 to 1997)

Business Law I & II at Rockford College , Rockford , Illinois (1980 to Present)

Legal Environment of Business, Criminal Justice Systems, and Sociology of Law at Rockford College , Rockford , Illinois (Substitute 1987 to 1995)

Developed the Criminal Justice Advisory Board and proposed curriculum for Rockford College , Rockford , Illinois

Legal Aspects of Discipline, Legal Aspects of DUI, Legal Aspects of Accident Reconstruction, Civil Liability of Police, Legal Aspects of RADAR detection, Arrest, Search and Seizure, Employment Law Issues, and Traffic Law at Northwestern University Traffic Institute, Evanston, Illinois (1989 to 1999)

Negotiation & Mediation at Rock Valley College , Rockford , Illinois (with Dr. Martin Wolfe) (1985)

Legal Environment of Business & Business Law, Rock Valley College , Rockford , Illinois (1982-1987)

Supervision & Business Law at Rockford Business College , Rockford , Illinois (Substitute 1986)

Legal Environment of Insurance for American Institute of Property & Casualty Underwriters and Rock Valley College, Rockford, Illinois

Co-Director and Law Instructor at the 12th to 20th Annual Vehicular Homicide - DWI Conference sponsored by Northwestern University and endorsed by NDAA

Co-Director and Law Instructor at the Pacific Rim Vehicular Homicide - DUI Conference in Guam

Co-Director and Law Instructor at the 1st and 2nd Annual Vehicular Homicide Conference in Hawaii

Instructor at the Annual Illinois Traffic Court Conference in Peoria (attorneys and judges training)

Police Administration Training Program (1990-1994)

School of Police Staff and Command (1989-Present)

Civil Liability of Police Administration Seminar, Internal Affairs Seminar, Supervision of Police Personnel, Managing Police Traffic Services, and Accident Investigation Program at Northwestern University Traffic Institute in Evanston, Illinois

Racial Profiling

Arrest, Search and Seizure

Administrative Issues including Freedom of Information Act, Family Medical Leave Act, Record Expunging, and Disciplinary Process

Taught Constitutional Law for the University of Wisconsin , Special Law Enforcement Program & Public Managers  (November 8, 9, 2004 to present).

Law Publications

• Blackburn , R.R., Gilbert, D.T. (1995). Photographic enforcement of traffic laws. National Academy of Sciences , Transportation Research Board. NCHRP Project 20-5. Topic 22-1. Syntheses 219.
• Gilbert, D.T. contributing author, Cohen, M. (1995-1996). Double jeopardy and administrative license revocation, and several other revisions. In Apprehending and prosecuting the drunk driver.
• Gilbert, D.T. principal author; Emerson, N. (University of Wisconsin Law School, research assistant). (1996). Photographic enforcement of traffic laws, a study of all traffic and case law regarding the use of photographic technology in the enforcement of traffic laws. National Academy of Sciences. NCHRP No. 38. Dec.
• Gilbert, D.T. (1995). Are license suspension laws in jeopardy? National Safety Council. Traffic Safety Magazine. Vol. 95. No. 3. May/June.
• Gilbert, D.T. (1995). Are suspensions of driver's licenses in jeopardy? The DRE, Newsletter, No. 7. Issue 3, Fall.
• Gilbert, D.T. (1992). Auto stops, search and seizures. Illinois State Bar Association. Illinois traffic courts and law section newsletter. Vol.1. No. 3. March.
• Gilbert, D.T. (1996). Cameras catch traffic offenders in act. National Safety Council. Traffic safety magazine. Vol. 96. No. 3. May/June.
• Gilbert, D.T. (1993). Community care taking and the fourth amendment. Illinois State Bar Association. Illinois Traffic Laws and Courts Section Newsletter. Vol. 2. No.4. May.
• Gilbert, D.T. (1994). Decriminalization of minor offenses unburdens courts. National Safety Council. Traffic Safety Magazine. Vol. 94. No. 6. November/December.
• Gilbert, D.T. (1995). Do police powers conflict with fourth amendment? National Safety Council. Traffic safety magazine. Vol. 95. No. 4. July/August.
• Gilbert, D.T. (1997). Driving under the influence of alcohol. Northwestern University (Traffic Institute).
• Gilbert, D.T. (1993). DUI suspects: You refuse, you lose. National Safety Council. Traffic Safety Magazine. Vol. 93. No. 6. November/December.
• Gilbert, D.T. (1996). Give doctors green light to report impaired drivers. National Safety Council. Traffic safety magazine. Vol. 96. No. 1. January/February.
• Gilbert, D.T. (1994). The hazards of open cargo bays. National Safety Council. Traffic safety magazine. Vol. 94. No. 3. January/February.
• Gilbert, D.T. (1996). How officers detect drugged drivers. National Safety Council. Traffic safety magazine. Vol. 96. No. 6. November/December.
• Gilbert, D.T. (1996). How police can set up constitutional roadblocks. National Safety Council. Traffic safety magazine. Vol. 96. No. 2. March/April.
• Gilbert, D.T. (1995). How to administer justice efficiently. National Safety Council. Traffic safety magazine. Vol. 95. No. 5. September/October.
• Gilbert, D.T. (1996). How to curb the young driver problem. National Safety Council. Traffic safety magazine. Vol. 96. No. 4. July/August.
• Gilbert, D.T. Co-Author. (1994). Illinois Secretary of State auto theft study, legal section. Illinois Department of Transportation. Northwestern University Traffic Institute.
• Gilbert, D.T. principal writer. (1993). Illinois traffic court system final report, a comprehensive study of the Illinois traffic court system with recommendations to the Illinois Supreme Court. Illinois Department of Transportation.
• Gilbert, D.T. (1995). Is suspension of driver licenses in jeopardy. National District Attorney's Association. The prosecutor magazine. May/June.
• Gilbert, D.T. The key. Regular column in the National News. (1991 to present).
• Gilbert, D.T. (1993). Photographic law enforcement - RADAR catches speeders on camera. National Safety Council. Traffic safety magazine. Vol. 93. No. 5. September/October.
• Gilbert, D.T. (1995). Put an end to repeat offenders. National Safety Council. Traffic safety magazine. Vol. 95. No. 2. March/April.
• Gilbert, D.T. (1993). Roadblocks and sobriety checkpoints - can we balance our rights? National Safety Council. Traffic safety magazine. Vol. 93. No. 4. July/August.
• Gilbert, D.T. (1993). Roadblocks or highway sobriety checkpoints. Illinois State Bar Association. Illinois traffic courts and law section newsletter. Vol. 2. No. 2. February.
• Gilbert, D.T. (1993). Traffic officer in court. Northwestern University (Traffic Institute).
• Gilbert, D.T. (1994). Underage drinking and driving - laws reduce crash deaths. National Safety Council. Traffic safety magazine. Vol. 94. No. 1. January/February.
• Gilbert, D.T. (1993). Uniform traffic laws - laser detectors v. speed laws. National Safety Council. Traffic safety magazine. Vol. 93. No. 3. May/June.
• Gilbert, D.T. (1993). Uniform traffic laws - three hours for police and prosecutors. National Safety Council. Traffic safety magazine. Vol. 96. No. 2. March/April.
• Gilbert, D.T. editor and publisher. (1992). Uniform vehicle code/model traffic ordinance. Responsible for research and drafting of responsibilities on several sections. Research of all fifty states' statutes for several of the provisions.
• Gilbert, D.T. (1995). Warning: hazards ahead on roadway. National Safety Council. Traffic Safety Magazine. Vol. 95. No. 6. November/December.
• Gilbert, D.T. (1995). What powers do police have at traffic stops? National Safety Council. Traffic Safety Magazine. Vol. 95. No. 1. January/February.
• Gilbert, D.T. (1994). Zero tolerance laws save lives. National Safety Council. Traffic safety magazine. Vol. 94. No. 4. July/August.
• Gilbert, D.T. (Spring, 1996) NU, The Key, Alumni Assn., Vol. XXVI, No. 2, "Officr Liability on the Roadways."
• Gilbert, D.T. (Spring, 1995) NU, The Key, Alumni Assn., Vol. XXV, No. 2, "Is Driver License Suspension in Jeopardy?"
• Gilbert, D.T. (Winter, 1995), NU, The Key, Alumni Assn., Vol XXV, No. 1, "Innovative Approach to Traffic Justice: Administrrative Adjudication."
• Gilbert, D.T. (Summer, 1995), NU, The Key, Alumni Assn., Vol. XXV, No. 3, "Cook County Symposium Reveals Innovative Ways to Curb "Hard Core" DUI Offenders."
• Gilbert, D.T. (Fall, 1994), NU, The Key, Alumni Assn., Vol. XXIV, No. 4, "Nationial Committee News."
• Gilbert, D.T. (Summer, 1994), NU, The Key, Alumni Assn. Vol. XXIV, No. 3, "National Committee News: Passengers in Rear of Pick up legislation."
• Gilbert, D.T. (Winter, 1994), NU, The Key, Alumni Assn. Vol. XXIV, No. 1, "National Committee News: Revocation of License."
• Gilbert, D.T. (Summer, 1992), NU, The Key, Alumni Assn., Vol. XXII, No. 3, "National Committee: Illegal Per Se law and UVC."

Current Employment Position(s):

Founding Partner of Barrett & Gilbert LLP & Law Instructor

Bar Admissions:

Illinois , 1980

U.S. District Court Northern District of Illinois Trial Bar, 1981

Wisconsin , 1985

U.S. District Court Eastern District of Wisconsin, 1987

U.S. District Court of the District of Columbia , 2001

Education:

John Marshall Law School, Chicago, Illinois, 1980 J.D.
F.B.I. Academy (National Law Institute), Quantico, VA, 1988
Rockford College, 1976 B.S.
Honors: Magna Cum Laude

Honors and Awards:

Karl C. Williams Award (May 17, 1997) for constancy, devotion, and meritorious service to Rockford College .
Distinguished Service Award (1995), National Committee on Uniform Traffic Laws & Ordinances.
Appointed to the President's National Business Advisory Committee, Congressman Tom Reynolds 2003-2004.

Professional Associations and Memberships:

Winnebago County and Illinois State Bar Association
State Bar of Wisconsin

The Association of Trial Lawyers of America

Illinois Trial Lawyer's Association

Former Executive Director and Legal Advisor of

National Committee on Uniform Traffic Laws and Ordinances

Member, National Committee on Uniform Traffic Control Devices

Former Member, ISBA Professional Responsibility Committee

Former Member, ISBA Illinois Traffic Laws & Courts Section Council

Former Member, ISBA Mental Health & Developmental Disabilities Committee

Former Member, ISBA Correctional Facilities & Services Committee

Barrett & Gilbert, LLP, Founding Partner, April 1, 2003 - Present