A law firm representing Dolton in several cases in Cook County and federal courts says it’s at risk of no longer being paid and is abandoning the village, where the mayor is under scrutiny by federal investigators.
The Del Galdo Law Group, in a recent letter to the village, also warns that Dolton is in danger of being unable to find a law firm to represent it, although village trustees have voted to have another firm represent Dolton in lawsuits.
The April 24 letter to the village from Michael Del Galdo, founding attorney of the Berwyn firm, said by May 8 it will file motions to withdraw from the cases.
Dolton trustees voted in February to remove Del Galdo as the village’s representative in pending lawsuits.
At that same meeting, trustees called for an outside investigation into Mayor Tiffany Henyard, who later vetoed all of the actions taken by the trustees, although they have since voted to override her veto.
Trustees approved a measure directing the Del Galdo Law Group to turn over files on pending litigation to the firm Odelson, Murphey, Frazier & McGrath, which has been legislative counsel to the Village Board.
Del Galdo was appointed village prosecutor, handling matters such as prosecuting traffic tickets and ordinance violations, but represented Dolton in litigation in state and federal court, trustees said, adding they have not received regular updates on pending lawsuits.
At that same February meeting, trustees voted to stop paying Del Galdo’s legal bills, and the April 24 letter from the firm to the village notes it is “not required to work for free and decline to do so.”
Burt Odelson, a partner with Odelson, Murphey, Frazier & McGrath, said Monday it already filed appearances in many of the cases Del Galdo represented the village on, but said he believed there were other cases.
Odelson said his firm has not been paid for its work in two years.
“We’re sticking with them, we’re not bailing,” he said. “We’re sticking with the town.”
While trustees have approved payments for Odelson’s firm, he said Henyard has refused to issue checks, and that his firm is owed “hundreds of thousands” of dollars in legal fees.
“We’re billing them and they’re (trustees) approving the bills and they just keep piling up,” Odelson said.
Federal investigators recently served subpoenas at Dolton Village Hall, seeking records in what authorities say is an investigation into Henyard and village that is in its early stages. The investigation has also involved interviews by authorities with people both inside and outside the village.
The letter from Del Galdo notes two pending cases against the village involve shootings and wrongful death cases against Dolton police, and that the village has a $33.5 million judgment against it in another case.
The firm said in “recent cases there has been a struggle to find qualified municipal defense firms by the TPA and insurer,” and that “no one wants to represent the village.”
TPA refers to third-party administrator CCMSI, which is an administrator for workers’ compensation claims as well as property and casualty claims for self-insurance programs, according to its website.
In the case where there is the $33.5 million judgment, there is an appeal of a jury verdict, but if that is not successful Dolton will be on the hook for more than $20 million beyond what insurance may cover, according to the Del Galdo letter.
“The village is quickly approaching the point of being uninsurable,” the letter notes.
The letter states that two other pending cases are involving police department shootings, including the July 21, 2021, death of 19-year-old Alexis Wilson.
She was shot to death by police who were called to investigate a disturbance at a restaurant in the village.
A message left with a public relations firm representing the village was not immediately returned.
