Robert Finley

Robert J. Finley’s diverse, national civil defense litigation and trial practice concentrates on complex tort and employment matters involving catastrophic, fatal and brain/psychological injury cases.

Robert’s cover-every-detail preparation model is complimented by an aptitude for creativity and adaptability to initiate practical solutions in risk and litigation management which help his clients achieve preferred results and meet their financial goals.

He has a substantial amount of experience with jury trials, representing clients in mediations and arbitration hearings, and appellate practice, and has been admitted pro hac vice in multiple courts throughout the country.

In addition, Robert counsels interested parties on Medicaid and Medicare reimbursement under property/casualty, no-fault, and workers compensation insurance plans including conditional payment resolution, Medicare Part C and D recovery claims, future medical settlement considerations, Section 111 reporting compliance/monetary penalties, statutory private causes of action, and related regulatory matters.

He counsels in all aspects of workplace injury cases, including workers’ compensation defense, post-settlement petitions and judgment enforcement actions, subrogation recovery, employers’ liability and excess coverage interests, as well as matters before the Illinois Workers Compensation Insurance Compliance Division.

Robert handles commercial causes of action between insurers and medical providers based upon breach of contract, fraud, bad faith, and statutory payment laws or plans. Finally, he represents both professional and amateur sports organizations in litigation and transactional matters.

Robert joined Hinshaw in 2003 and became a partner in 2008. He chairs the firm’s Social Media for Trial Committee and developed Social Media Intelligence for Trial at Hinshaw & Culbertson (SMITHc) for obtaining and using social media evidence at trial.

While attending DePaul University College of Law, Robert was selected to study abroad at University College Dublin School of Law (Ireland), where he concentrated in comparative and European Union law studies and volunteered with a Dublin-based law firm in its litigation sector.

Prior to pursuing a career in law, Robert worked in the sports radio industry as a producer and reporter covering major spectator events, including the Super Bowl, NBA Finals, Kentucky Derby, U.S. Open Golf Championship, NCAA men’s and women’s basketball tournaments, and the 1996 Summer Olympics in Atlanta.

Professional Affiliations :

• Defense Research Institute (DRI), Member
• Illinois Association of Defense Trial Counsel (IDC), Member
• Illinois State Bar Association (ISBA), Member
• ISBA Workers’ Compensation Law Section Council, Secretary (2015 – 2016)
• ISBA Workers’ Compensation Law Section Council, Member (2012 – Present)

Representative Matters :

• Successfully defended workers compensation insurance pool and its insured home builder denying former employee’s claims to increased disability, lifetime total disability, and medical expenses. Appellate court affirmed decision of Commission.
• Consulting subject matter expert for Applicable Plan successfully disputing Medicare conditional payment claim by Centers for Medicare and Medicaid Services (CMS) resulting in CMS reconsidering and withdrawing its claim in full at administrative level.
• Resolved post-settlement bad faith petition by obtaining favorable advisory opinion from Centers for Medicare & Medicaid Services (CMS) permitting use of allocated Medicare settlement funds to pay for treatment incurred by beneficiary during period after final State commission settlement order but before Federal agency completed its review proceedings.
• Reported decision from Illinois Appellate Court affirming trial court’s 2-619 dismissal of Plaintiff’s Motion to Enforce Judgment as premature due to pending corollary proceeding on administrative review.
• Case of first impression developing analytical framework for applying American Medical Association impairment guides under Illinois Workers’ Compensation Act following 2011 reforms.
• Case of first impression regarding application of the state’s medical fee schedule, and limits on construction worker’s overtime pay as a basis for benefit rate calculations.

Education :

• J.D., DePaul University College of Law, 2001
• B.A., Marquette University, 1995

Admissions : Illinois, U.S. District Court for the Northern District of Illinois