Russ Delury is an experienced trial lawyer. He says, “I love learning new things, and every case offers something new.” When I work with clients I try to be down-to-earth in terms of what is possible, but also enthusiastic about their situation. I try to be an effective advocate and counselor for my clients.”
Russ’ areas of practice
Russ is a very experienced litigator. He provides clients with timely, accurate evaluation of their case. Often, clients come to him when they need immediate representation in a litigation because they know he has the experience to jump in and handle the case at this level.
For the last 20 years he has focused his practice on subrogation cases in the areas of healthcare, property damages and worker's compensation recoveries.
Healthcare subrogation: Russ represents both insured and self-funded ERISA plans. For example,
- Our client, a third-party administrator, did not respond to a complaint in time, and so was facing a default motion and extinguishment of their lien. We discovered that the plaintiff had not named the correct party in interest as required. We intervened on behalf of the correct party. The default was rendered moot, and our client successfully recovered on the lien.
Property and casualty subrogation: Russ has litigated P&C subrogation cases involving structure fires and automobile accidents as well as other, more unusual losses. For example,
- Russ’ client wanted to recover the payments made to its insured under a homeowner’s policy for tree damage. Russ filed suit against the neighbor who was responsible for the tree and found the key evidence to prove the neighbor’s negligence. Though the neighbor denied liability and refused to make an offer before trial, Russ tried the case to a jury and won and recovered all recoverable damages for his client.
Worker’s Compensation subrogation: Russ’ subrogation work also includes worker’s compensation recoveries. Having spent many years as a trial attorney and a negotiations attorney in previous firms, Russ knows how to step in and lend a hand to secure a recovery. For example,
- Russ laid the ground-work for Wisconsin’s worker’s compensation law in a seminal case that strengthened the ability of the employer to force the injured worker to accept a reasonable settlement offer from a negligent third party in order to protect potential worker’s compensation recoveries.
- Russ’ client needed representation in an employee’s lawsuit to recover payments made to a third party. We worked closely with the plaintiff’s attorney to establish liability on the defendant’s business where the employee fell. Our client recovered $1 million.