Danielle N. Malaty
Partner
Danielle N. Malaty is an accomplished trial and appellate attorney who focuses her practice on counseling and defending a broad range of businesses, public entities, insurers, and professionals in all aspects of employment and labor matters, including claims alleging discrimination, harassment, retaliation, and other workplace misconduct. Danielle also has litigation experience with premises liability, product liability, professional liability, community association law, and subrogation. She has defended clients in both state and federal courts as well as the U.S. Court of Appeals for the Seventh Circuit.
Related Areas
Experience Highlights
- Representative Matters
- Defended a suburban Chicago school district in a case of alleged discrimination, hostile work environment, and retaliation on the basis of race, sex, and age in violation of Title II of the Civil Rights Act. A nominal settlement was reached during a pre-trial conference.
- Successfully defended a Chicago church in an action brought by a transgender plaintiff who alleged discrimination of the basis of sex and gender identity in violation of Title VII of the Civil Rights Act. Was able to show that the plaintiff’s termination was based upon performance failures and the elimination of her position.
- Obtained a finding of no discrimination in a matter involving a police department facing an ADA-based claim, showing that the plaintiff was removed from consideration as an officer due to numerous documented failures to meet threshold requirements set forth by the department.
- Obtained dismissal of Respondeat Superior and vicarious liability allegations against a beauty store owner after the Chicago Police Department (CPD) arrested the president of Black Lives Matter Women of Faith during a June 2021 demonstration. The court also found the plaintiff could not allege that the client conspired with the CPD to engage in actions that allegedly infringed upon the plaintiff’s First and Fourth Amendment rights.
- Defended a security company providing services to a Chicago affordable housing facility against a tenant who alleged employees of the company harassed her and caused her eventual eviction, claiming the company was vicariously liable for discrimination in violation of Title VII of the Civil Rights Act and the Fair Housing Act. The case was settled for nuisance value.
- Obtained summary judgment on behalf of a distributor dismissing Respondeat Superior claims in a matter arising from the explosion of a propane tank purchased at a retail store by the plaintiff. The plaintiff sought $3 million after sustaining permanent disfigurement, and alleged the distributor was the retailer’s principal because the distributor’s logo was on the storefront.
Admissions
- Illinois
- S. District Courts for the Northern, Central and Southern Districts of Illinois
- S. District Court for the Northern District of Indiana
- S. District Court for the Eastern District of Missouri
- S. District Court for the Eastern District of Wisconsin
- S. Court of Appeals, Seventh Circuit
Education
- The Catholic University of America, Columbus School of Law, J.D., 2010
- University of Southern California, B.A., 2007
Professional Affiliations
- American Bar Association
- Tort Trial and Insurance Practice Section, Self-Insurers and Risk Managers General Committee
- Chair-Elect 2022-23
- Vice Chair and Editor 2020-22
- Claims and Litigation Management Alliance (CLM)
- Defense Research Institute (DRI)
- Employment and Labor Law Committee
- Governmental Tort Liability Committee
- Federation of Defense and Corporate Counsel (FDCC)
- Illinois State Bar Association
- Tort Law Section Council, 2019-23
- Cook County Judicial Evaluation Committee, 2019-23
- National Retail and Restaurant Defense Association (NRRDA)
- Tort Trial and Insurance Practice Section, Self-Insurers and Risk Managers General Committee
Languages
- Arabic
- French
Publications & Presentations
- “Three’s a Crowd: The Detrimental Presence of Third Parties at Rule 35 Examinations,” DRI: Newsletter of the Insurance Law Committee, 2019
- “Website Accessibility and Title III of the Americans with Disabilities Act: Circuits Divided in the Absence of Guidance from DOJ and Legislature,” NRRDA Newsletter, 2018
- “Agency Theory in Actions against Co-operative Businesses: Considerations and Case Law,” DRI: Newsletter of the Insurance Law Committee, 2018
- Chapter on Evidence: “Age Discrimination in Employment Law Treatise,” Third Edition, Bloomberg BNA/American Bar Association, Section of Labor and Employment Law, 2018
- Chapter on Evidence: “Age Discrimination in Employment Law Treatise,” Second Edition, Bloomberg BNA/American Bar Association, Section of Labor and Employment Law, 2017
- “Fraternity and Sorority Hazing: Liability, Exposure, and Coverage,” Property and Liability Resource Bureau Claims Conference, 2019
- “Dealing with Coverage Defenses in Large Property Loss Claims,” Claims and Litigation Management Alliance Annual Conference, 2019
- “Liability in the Digital Age,” Claims Association of Greater Chicago Conference, 2017
Recent Insights
Danielle N. Malaty Named FDCC Member
June 21, 2022
Goldberg Segalla Welcomes Danielle N. Malaty
June 9, 2022