The Rookery Cornice

Firm News and Recent Decisions

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.

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.

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