The Rookery Cornice

Firm News and Recent Decisions

Deborah Decker Speaks at ISBA Seminar on Education Law

Illinois State Bar Association

March 19, 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.

Arbitrator Grants Hospira Two Preliminary Injunctions

March 5, 2009

On February 13, and on March 5, 2009, an arbitrator granted Hospira’s motions for a preliminary injunction requiring its exclusive supplier of flush syringes to continue syringe shipments until a resolution of the merits of the parties’ breach of contract claims. Hospira was represented in the arbitration by TDR attorneys Gino DiVito, Christopher Liguori and Brian Haussmann along with co-counsel.

Hospira, Inc. v. Excelsior Medical Corporation

JAMS, REF# 1340007267

Appellate Court Affirms Circuit Court’s Order Granting Hospira TRO

February 2, 2009

On February 2, 2009, the Appellate Court for the First Appellate District, affirmed a Circuit Court’s order granting TDR client Hospira, Inc. a TRO, which required Hospira’s exclusive supplier of flush syringes to continue syringe shipments while the parties arbitrated their breach of contract claims. Hospira was represented by TDR attorneys Gino DiVito, Christopher Liguori and Brian Haussmann.

Hospira, Inc. v. Excelsior Medical Corporation

Docket No. 09-0266, Appellate Court of Illinois, First Judicial District.

TDR Secures TRO Against Exclusive Supplier in Breach of Contract Action

January 28, 2009

On January 28, 2009, TDR, on behalf of its client Hospira, Inc., obtained a TRO requiring Hospira’s exclusive supplier of flush syringes to supply Hospira with 3.5 million additional syringes while the parties arbitrated the underlying merits of their breach of contract claims. Hospira was represented by TDR attorneys Christopher Liguori and Brian Haussmann.

Hospira, Inc. v. Excelsior Medical Corporation

Docket No. 09 CH 3225, Circuit Court of Cook County.

Summary Judgment in Insurance Recovery Case

December 31, 2008

TDR won summary judgment on behalf of our client in an insurance recovery action. Our client, an investment advisor firm, sued its insurer to compel the satisfaction of its duty to defend in connection with an underlying lawsuit seeking damages of approximately $9.5 million.

First Specialty Insurance Corporation v. Federal Street Advisors, Inc., et al.

Circuit Court of Cook County (2008)

TRO Obtained for TDR Client in Employment/Restrictive Covenant Case

December 31, 2008

We won a temporary restraining order for a medical practice client to enjoin a former employee from establishing a competing practice and engaging in improper solicitations. Within three months, we secured a favorable settlement for our client in which the terms of the temporary restraining order were extended for a period of two years from the date of defendant’s termination of employment.

Foot & Ankle Clinics of America, LLC v. Alameda

Circuit Court of Cook County (2008)

2008 Saw Key Rulings On Liability; Issues Remain

Chicago Daily Law Bulletin

December 31, 2008

In an article published in the Chicago Daily Law Bulletin, TDR Partner Michael I Rothstein surveyed significant Illinois Supreme Court rulings of 2008.

Ruling on Preemption of Cable Franchise Fee Reversed by Illinois Supreme Court

November 28, 2008

We successfully represented Comcast in the appeal of a case before the Illinois Supreme Court, involving whether federal law preempted the City of Chicago’s franchise fee on cable modem service. The Court granted our petiton for leave to appeal, we briefed the issues, and we presented the oral argument on behalf of our client and two other cable companies before the Court. The Court held that federal law does preempt the franchise fee, a favorable result for our client and the other cable companies.

City of Chicago v. Comcast Cable Holdings, L.L.C., et al.

Docket Nos. 105342, 105348, 105349 (Ill. Nov. 20, 2008)

Court Grants TDR Client Hospira’s Motion to Stay Arbitration of Indemnification Claim

October 30, 2008

On October 30, 2008, the Circuit Court of Cook County, Illinois, Chancery Division, granted Hospira, Inc.’s motion to stay an ADR proceeding initiated against it by its former corporate parent, Abbott Laboratories. Abbott sought to arbitrate certain indemnification issues arising from a pending class action lawsuit filed alleging violations of ERISA. The court agreed with Hospira that arbitration of the indemnification issues asserted by Abbott was premature and had to await a resolution in the underlying ERISA lawsuit. Hospira was represented by TDR attorneys Christopher Liguori, J. Jeffrey Patton and Brian Haussmann.

Hospira, Inc. v. Abbott Laboratories

Docket No. 08 CH 40219, Circuit Court of Cook County

TDR Secures Favorable Results in Property Damage and Personal Injury Lawsuits

October 1, 2008

TDR client Hospira, Inc. retained us to represent it in connection with multiple lawsuits arising from an explosion of an industrial freeze dryer called a lyophilizer at its facility in North Chicago, Illinois. TDR represented Hospira in its lawsuit against the machine’s manufacturer to recover for the property and business interruption damages it sustained as a result of the explosion. In addition, TDR represented Hospira in the personal injury lawsuits filed by the individuals who were injured in the explosion and the resulting fire. In August 2008, Hospira settled its property damage claim against the manufacturer and in October 2008 Hospira settled the personal injury claims against the machine’s manufacturer, all on very favorable terms.

Hospira was represented in these lawsuits by TDR attorneys Christopher Liguori, Daniel Stanner, John Fitzgerald, Brian Haussmann and Jack Barber.

Nogoy v. Hospira, Inc., Docket No. 05 L 5915, Circuit Court of Cook County, Illinois;

Dill v. Hospira, Inc., Docket No. 05 L 5918, Circuit Court of Cook County, Illinois; and

Hospira, Inc. v. The BOC Group, Inc., Docket No. 05 L 681, Circuit Court of Lake County, Illinois.

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