News
TDR Wins Important Insurance Coverage Dispute
Scottsdale Insurance Co. v. Walsh Construction. 09 CH 33074
April 28th, 2010
On April 28, 2010, Judge Peter Flynn of the Circuit Court of Cook County, Illinois, Chancery Division, awarded summary judgment to our client Walsh Construction Company in an insurance coverage lawsuit against it filed by Scottsdale Insurance Company. Walsh was represented by TDR attorneys Daniel L. Stanner, Michael J. Grant, and John M. Fitzgerald. Judge Flynn's ruling requires Scottsdale Insurance to provide a defense to Walsh, a general contractor, in a personal injury lawsuit filed by a subcontractor's employee. Judge Flynn's ruling addressed an emerging area in insurance coverage litigation regarding sole-negligence exclusions in additional insured endorsements. The Court rejected Scottsdale's arguments that the sole negligence exclusion applied to bar coverage and granted Walsh's cross motion for summary judgment.
Verdict for Hospira in ERISA Class-Action Lawsuit
U.S. District Court for the Northern District of Illinois
April 23rd, 2010
On April 23, 2010, the United States District Court for the Northern District of Illinois found in favor of our client Hospira, Inc. and Abbott Laboratories on all counts of an ERISA class-action lawsuit filed against both companies in 2004. In the lawsuit, representatives of an 8,000-employee class claimed that Hospira and Abbott intended to interfere with their retirement benefits through Abbott's spin-off of its Hospital Products Division, which established Hospira as an independent company, and the implementation of a two-year reciprocal no-hire policy. The suit, in which the plaintiff class sought over $300 million in lost employee benefits, was tried over a period of three weeks in 2009.
In a 97-page opinion, the Court found that neither Hospira nor Abbott violated ERISA in connection with the spin off or the no-hire policy. Of critical importance to the Court's decision was the testimony of the defendants' witnesses, including Hospira's CEO and COO, which the Court found was "highly credible, internally consistent, and amply corroborated by the unquestionably authentic documentary evidence." In ruling in favor of the defendants, the Court also vindicated Abbott's and Hospira's strategic decisionmaking and human resource policies relating to the spin off. The Court explained that "Hospira has been a successful, profitable enterprise in the years since the spin, no doubt in large part because it retained the talent it had at the time it became independent of Abbott."
Hospira was represented in this matter by TDR partners Christopher Liguori and Daniel Konieczny, associate Brian Haussmann, and legal assistant Diane Tasic.
Illinois Appellate Court Rules in Favor of University Hospital, LLC
Health Care Service Corp. v. University Hospital, LLC, 98 L 9312
March 31st, 2010
On March 31, 2010, the Illinois Appellate Court, First District, ruled in favor of our client University Hospital, finding that the trial court had erred as a matter of law in construing the terms of a written agreement that resulted in a jury verdict against University Hospital. The appellate court vacated the jury verdict and remanded the matter for a new trial. The case is captioned Health Care Service Corp. v. University Hospital, L.L.C., No. 1-07-2741. University Hospital was represented in the appeal by TDR attorneys Gino DiVito and Timothy Hudson. TDR did not represent University Hospital in the underlying trial.
DeHayes Selected as 2nd VP of the Women's Bar Association of Illinois
March 23rd, 2010
Karina DeHayes was selected to be the second vice president of the Women's Bar Association of Illinois ("WBAI") beginning in June 2010. From that position, Karina will automatically ascend to the presidency in 2012-13, becoming the organization's 98th president. DeHayes recently co-chaired the WBAI's Judicial Reception, attended by nearly 170 judges practicing in the state and federal courts of Illinois. DeHayes has been a board member of the WBAI since 2003 and has served as a board member of the Women's Bar Foundation since 2007.
Deb Decker Featured on Chicago Cable TV Show
March 10th, 2010
Partner Deb Decker is being featured as a panelist on school law on the television program "Illinois Law." The subject of the show is "Student Discipline," and will be aired on Chicago cable station 21 on March 23, 2010, and April 6, 2010. "Illinois Law" is a series devoted to providing practical information about the law to Illinois citizens, and helping them to understand their rights and responsibilities under the law.
Firm Represents Village of Crestwood in Toxic Tort Contamination Lawsuits
Chicago Tribune, p. 1
February 15th, 2010
The article describes the law firm's representation of the Village of Crestwood against various toxic tort and class action lawsuits. The lawsuits involve alleged environmental contamination of the drinking water in the Village of Crestwood in the 1980s and 1990s.
DeHayes Speaks at CBA Seminar on Preliminary Injunctions
October 19th, 2009
On October 19, 2009, TDR partner Karina DeHayes was the featured speaker at the Chicago Bar Association Commerical Litigation Committee and presented on the topic Offense and Defense: TROs and Preliminary Injunctions. Her discussion included practice tips and described recent case law and the rule changes regarding temporary restraining orders and preliminary injunctions.
Arbitrator Rules in Favor of Hospira
Hospira, Inc. v. Excelsior Medical Corporation, JAMS, REF# 1340007267
March 31st, 2009
On March 31, 2009, an arbitrator ruled in favor of Hospira, finding that its exclusive supplier of flush syringes had breached its supply contract with Hospira. The arbitrator ordered Hospira’s supplier to deliver to Hospira 74 million additional syringes. In addition, the arbitrator awarded Hospira over $500,000 in attorney fees. The arbitrator also ruled in Hospira’s favor on its supplier’s counterclaim that Hospira was in breach of the parties’ agreement. Hospira was represented in the arbitration by TDR attorneys Gino DiVito, Christopher Liguori and Brian Haussmann along with co-counsel.
Deborah Decker Speaks at ISBA Seminar on Education Law
Illinois State Bar Associaton
March 19th, 2009
Tabet DiVito & Rothstein LLC partner Deborah E. Decker was a speaker at the ISBA CLE seminar Safe and Sound: The Attorney's Role in School Safety and Security, presented by the ISBA Education Law Section on March 13, 2009. Ms. Decker presented on the legal ramifications surrounding the use of various school security measures, including videotaping, security cameras, metal detectors, sex offender lists, visitor logs, and security entry systems.
2008 Saw Key Rulings On Liability; Issues Remain
Chicago Daily Law Bulletin
December 31st, 2008
In an article published in the Chicago Daily Law Bulletin, TDR Partner Michael I Rothstein surveyed significant Illinois Supreme Court rulings of 2008.
DiVito Exemplifies Professional Excellence
SBA Bar News
September 1st, 2008
At its annual black-tie gala at the Four Seasons Hotel in Chicago, the Illinois Bar Foundation gave the 2008 Distinguished Award for Excellence to TDR partner Gino DiVito. This award is given annually to a single attorney in the State of Illinois.
Mr. DiVito received the award in recognition of his many years of distinguished service as a trial court judge, appellate court justice, and prominent trial and appellate advocate. The Chief Justice of the Illinois Supreme Court, Thomas Fitzgerald, presented the award to Mr. DiVito during the ceremony.
DeHayes Named as One of 40 Illinois Attorneys under 40 to Watch
Supplement to Chicago Daily Law Bulletin and Chicago Lawyer
September 1st, 2008
TDR partner Karina DeHayes was named as one of the top 40 lawyers under 40 years of age in the City of Chicago. Judges, clients, and professional colleagues nominated Ms. DeHayes for the honor. Ms. DeHayes was recognized for, among other things, her work as lead counsel in a landmark case in which the Illinois Appellate Court disallowed a controversial reverse piercing of the corporate veil.
The article also recognized that Ms. DeHayes has helped advance the position of women in the legal profession through her work with the Women’s Bar Foundation and her service as Financial Secretary and Member of the Board of Directors of the Women’s Bar Association of Illinois.
The article quotes the Hon. Patrick McGann, Presiding Judge of the County Division of the Circuit Court of Cook County, as follows: “I find that Ms. DeHayes is one of the most accomplished lawyers whom I have had the pleasure of seeing practice in my court.” Sharon Eiseman, of the Office of the Illinois Attorney General, said that Ms. DeHayes “exemplifies the best in our younger attorneys.”
Corporate Executive Prevails on Breach, Defamation Claims
Cook County Jury Verdict Reporter
August 1st, 2008
TDR attorneys Caesar Tabet and Mark Horwitch obtained a large jury verdict in favor of the former President and CEO of a North American subsidiary of a German conglomerate in the Circuit Court of Cook County.
The firm’s client, a highly respected electronics executive, sued the subsidiary and the subsidiary’s chairman for breach of an executive employment agreement and defamation. After a two week jury trial, the jury found in favor of our client on all counts and awarded him over $13,000,000 in compensatory and punitive damages.
Rothstein Inducted as President of Appellate Lawyers Association
Chicago Daily Law Bulletin
June 13th, 2008
TDR partner Michael Rothstein, newly inducted President of the Illinois Appellate Lawyers Association, discusses plans to use current technology and educational programs offered by the Association available over the Web, in order to expand the membership's reach to areas in downstate Illinois.
Michael Rothstein Installed as Leader of Appellate Bar
ISBA Bar News
June 1st, 2008
Citing Aristotle’s principles of persuasion – ethos, pathos and logos – Gino L. DiVito said of his law partner, Michael I Rothstein, that he has “the qualities of character, competence and conviction that are required of those who would lead.”
With that, DiVito, a retired appellate justice, administered the oath of office to Rothstein as the 41st president of the Appellate Lawyers Association.
In his remarks on June 13, Rothstein noted that 304 of the association’s 377 members have offices in Cook County. He pledged to expand outreach to downstate appellate lawyers through collegial and educational programs.
Cracking the Criminal Code
Chicago Tribune
March 16th, 2007
Editorial encourages the Illinois legislature’s adoption of a new criminal code, recommended by a panel led by partner and former Illinois Appellate Judge Gino DiVito and former Governor Jim Thompson.