The Rookery Cornice

Firm News and Recent Decisions

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.

TDR Wins Preliminary Injunction Trial for Fortune 500 Client

September 30, 2008

We defeated an action for injunctive relief against McDonald’s Corporation and its subsidiary in a real-estate case. After a multi-day evidentiary hearing, the court denied the plaintiff’s motion for preliminary injunction in a published written opinion. The case settled on terms very favorable to our client shortly after the court’s decision. Firm partner Karina Zabicki DeHayes and associate Brian C. Haussmann tried the case at the evidentiary hearing.

Normanbhoy v. McDonald’s Corporation, et. al.

N.D. Ill. Hon. Jeffrey Cole (September 30, 2008)

DeHayes Named as One of 40 Illinois Attorneys under 40 to Watch

Supplement to Chicago Daily Law Bulletin and Chicago Lawyer

September 1, 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.”

DiVito Exemplifies Professional Excellence

SBA Bar News

September 1, 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.

DiVito Exemplifies Professional Excellence

SBA Bar News

September 1, 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.

Corporate Executive Prevails on Breach, Defamation Claims

Cook County Jury Verdict Reporter

August 1, 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.

Jury Awards Over $13 Million to Former Executives

June 13, 2008

Tabet DiVito & Rothstein won a resounding victory at trial on behalf of its client, the former President and CEO of a North American subsidiary of a German conglomerate. TDR’s client, a highly respected electronics executive, sued the subsidiary and the company’s Chairman for their breach of his executive employment agreement and for defamation. After an eight-day jury trial, the jury found in favor of TDR’s client on all counts and awarded him over $13,000,000 in compensatory and punitive damages. The verdict has had important ramifications for other executive compensation and defamation cases in Illinois and throughout the United States. Firm partners Caesar Tabet and Mark Horwitch tried the case.

No. 06-003745 (Cir. Ct. Cook Cty., June 13, 2008)

Rothstein Inducted as President of Appellate Lawyers Association

Chicago Daily Law Bulletin

June 13, 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 1, 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.

TDR Victorious in Appellate Court in Novel Reverse-Veil-Piercing Case

December 31, 2007

The Illinois Appellate Court affirmed summary judgment in favor of our client, Don C. Trossman, completely disposing of all claims against him. The decision was made following a successful (and seldom granted) petition for rehearing regarding a novel issue of great significance to Illinois business. The appellate court’s opinion is of particular importance because it rejected the equitable theory known as self-piercing, or reverse-piercing, of the corporate veil, which had been argued by our opponents. Firm partners Gino L. DiVito, Karina Zabicki DeHayes, and Michael J. Grant represented the client during the appeal, and DeHayes argued the case before the appellate court.

Trossman v. Philpsborn, et al.

Illinois Appellate Court (2007)

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