The Rookery Cornice

Firm News and Recent Decisions

Tim Hudson Moderate Federal Bar Association Panel on Voting Rights & American Democracy

February 10, 2021

Partner Tim Hudson served as the moderator for the Federal Bar Association – Chicago Chapter’s continuing legal education seminar entitled “Voting Rights & American Democracy.”  Panelists included Professor Ellen Katz from the University of Michigan Law School and Ami Gandhi, Senior Counsel for the Chicago Lawyer’s Committee for Civil Rights.

Mr. Hudson is a partner whose practice is focused on complex business litigation and class action lawsuits across a variety of industries, including marketing and advertising, healthcare and retail. Mr. Hudson has defended businesses and individuals in a wide range of class actions, including lawsuits alleging violations of the Telephone Consumer Protection Act (TCPA), the Fair Credit Reporting Act (FCRA), the Fair Debt Collection Practices Act (FDCPA), the Credit Repair Organizations Act (CROA), the Electronic Funds Transfer Act (EFTA) and state consumer protection statutes.

TDR Attorneys Named Super Lawyers, Rising Stars

2/3 of Firm Attorneys on Lists

February 5, 2021

Once again, about 2/3 of TDR Attorneys have been named as either Super Lawyers or Rising Stars by Super Lawyers Magazine and ThomsonReuters.  Super Lawyers recognizes attorneys who have distinguished themselves in their legal practice.

Special recognition goes to Mark Horwitch who has been named a Super Lawyer for the 10th time.  He joins Gino DiVito, John Fitzgerald, Timothy Hudson, Christopher Liguori, Bradford Lyerla, Michael Rothstein, and Caesar Tabet on this list.

Amanda Catalano, Kyle Cooper, Ashley Insalaco, and Jordan Wilkow were all named Rising Stars for the first time.  Katherine O'Brien appears as a Rising Star for the second time.

TDR Successfully Defeats Putative Class Action Lawsuit

January 27, 2021

TDR partner Tim Hudson successfully obtained dismissal of a putative class action lawsuit on behalf of a technology company that facilitates the sale of health insurance policies.  The plaintiff filed a complaint in the U.S. District Court for the Northern District of Illinois and asserted claims on behalf of himself and the putative class arising under the Telephone Consumer Protection Act (TCPA).  Mr. Hudson responded with a motion to dismiss the lawsuit, which the District Court granted resulting in the complete dismissal of the lawsuit. 

Mr. Hudson is a partner whose practice is focused on complex business litigation and class action lawsuits across a variety of industries, including marketing and advertising, healthcare and retail. Mr. Hudson has defended businesses and individuals in a wide range of class actions, including lawsuits alleging violations of the Telephone Consumer Protection Act (TCPA), the Fair Credit Reporting Act (FCRA), the Fair Debt Collection Practices Act (FDCPA), the Credit Repair Organizations Act (CROA), the Electronic Funds Transfer Act (EFTA) and state consumer protection statutes. 

Christopher Bilek v. Federal Insurance Company, et al.

19-cv-08389

Tim Hudson Installed as Treasurer for the Federal Bar Association – Chicago Chapter

January 14, 2021

TDR partner Tim Hudson was recently installed as the Treasure of the Federal Bar Association – Chicago Chapter, which represents and supports federal court practitioners and judges throughout the Chicagoland area. In a ceremony conducted via videoconference due to COVID-19 concerns, Hudson was sworn in by the Chief Judge of the United States District Court for the Northern District of Illinois Rebecca R. Pallmeyer.  Illinois Governor J.B. Pritzker gave the keynote address at the ceremony.

Mr. Hudson is a partner whose practice is focused on complex business litigation and class action lawsuits across a variety of industries, including marketing and advertising, healthcare and retail. Mr. Hudson has defended businesses and individuals in a wide range of class actions, including lawsuits alleging violations of the Telephone Consumer Protection Act (TCPA), the Fair Credit Reporting Act (FCRA), the Fair Debt Collection Practices Act (FDCPA), the Credit Repair Organizations Act (CROA), the Electronic Funds Transfer Act (EFTA) and state consumer protection statutes.

Defamation Lawsuit Dismissed

August 6, 2020

TDR partners Christopher D. Liguori, Timothy A. Hudson and John M. Fitzgerald and TDR associate Amanda N. Catalano successfully represented an attorney and her law firm in a defamation lawsuit, obtaining dismissal of the lawsuit at the pleading stage in the Circuit Court of Cook County.  In that lawsuit, Rose McGowan’s former criminal defense lawyer — Jose Baez — alleged that he was defamed by statements made about him and his connection to Harvey Weinstein in a federal lawsuit filed in California alleging violations of Civil RICO, even though he was not a named defendant in that case. While the complaint itself was absolutely privileged, Mr. Baez alleged that the privilege was lost when the complaint was republished without comment on the defendants’ LinkedIn page. He also claimed that the Attorney Defendants conspired with Ms. McGowan to defame him, thus making the Attorney Defendants responsible for Ms. McGowan’s separate statements to the press and others.  

The Attorney Defendants and Ms. McGowan separately moved to dismiss on multiple, independent grounds. The TDR team successfully argued that none of the alleged statements were defamatory per se as a matter of both Florida and Illinois law.  The court also dismissed the complaint as it concerned Ms. McGowan.   The case is Jose A. Baez v. Rose McGowan, et al., No. 2020 L 00768 (Circuit Court of Cook County, Illinois).

TDR regularly represents both plaintiffs and defendants in defamation litigation in state and federal courts in Illinois.  TDR also routinely defends attorneys, accountants and other professionals in professional liability litigation.

Fitzgerald Installed as ALA President

June 14, 2020

On June 12, 2020, TDR Partner John M. Fitzgerald was installed as the 53rd President of the Appellate Lawyers Association, an association of lawyers who practice in courts of review and judges who serve on those courts.  In a ceremony conducted via videoconference due to COVID-19 concerns, Fitzgerald was sworn in by TDR founding partner, retired Illinois Appellate Court Justice and past ALA President Gino L. DiVito.  Fitzgerald is the third TDR partner to serve as President of the ALA.  TDR founding partner Michael I Rothstein also has led the association. In his speech to ALA members, Fitzgerald observed that ALA “members also are creative and persistent people, and we have a rare opportunity to explore new and innovative ways to continue our work in spite of this pandemic.”  Fitzgerald continued: “We will take this opportunity to learn, to grow, and to more fully embrace technological advances such as the one that made this virtual swearing-in possible.”

Fitzgerald is an appellate and trial lawyer who represents businesses, non-profit associations and individuals in complex litigation.  He has been a TDR attorney since 2006 and a TDR partner since 2012.

Brian Haussmann Quoted in Law360

Filing on Behalf of U.S. Conference of Mayors

April 23, 2020

TDR Partner Brian Haussmann, on behalf of The United States Conference of Mayors, filed a brief in the Seventh Circuit on April 20, 2020.  The brief argues that the Court should affirm a lower court ruling allowing so-called “Sanctuary Cities” to receive needed federal public-safety funds.  The brief also argues that the Conference, as an association, has standing to represent its member cities throughout the country, and that those cities are each entitled to relief from unlawful, immigration-related conditions imposed by the Attorney General upon receipt of the grants.

According to Mr. Haussmann, "The Attorney General’s attempts to coerce local law enforcement into policing civil immigration infractions places cities in an impossible situation: either divert resources from fighting serious crime and undermine their relationships with immigrant communities that are necessary for police to do their jobs, or give up federal dollars Congress has allocated to help cities do just that,  We look forward to addressing these same concerns with the court of appeals, and we are hopeful that the court will again rule that the Attorney General’s actions are unlawful, and will agree with the district court that the Conference’s member cities are entitled to relief."

The entire article is available at Law360 (subscription may be required).

What Businesses Must Know Now About Insurance Coverage For COVID-19 Claims

April 1, 2020

We normally post News Items only to relay information about TDR or our attorneys.

Given the current world pandemic, we are fielding many calls about insurance coverage for losses potentially related to Covid-19.  To help you manage your way through any potential claims, we want to point you to our blog site, TheChicagoLitigationBlog and a recent post by Michael Grant on What Businesses Must Know Now About Insurance Coverage For COVID-19 Claims.

Please reach out to Michael if we can help you in these interesting times.

ISBA Publishes Fitzgerald’s “Guide to Illinois Biometric Information Privacy Act”

March 2, 2020

The Illinois State Bar Association has just published TDR partner John Fitzgerald’s Guide to the Illinois Biometric Information Privacy Act. The Guide is available in both hard copy and electronic formats.

The Guide is the first published book about the Illinois Biometric Information Privacy Act and the rapidly developing case law interpreting it.  It contains a helpful and thorough analysis of the Act’s legislative history, statutory exemptions, the statute of limitations for claims under the Act, commonly raised defenses, and much more.

John Fitzgerald has been a TDR attorney since 2006.  TDR represents clients in high-stakes commercial, statutory and governmental litigation and appeals.

TDR Partner Quoted on Facebook BIPA Settlement

January 31, 2020

TDR partner John Fitzgerald was quoted in a news story by Law360 concerning Facebook’s $550 million settlement of class action litigation under the Illinois Biometric Information Privacy Act.  As Fitzgerald explained in the Law360 article, “This settlement shows that BIPA not only has teeth, but that those teeth are extremely sharp.”  See Allison Grande, BIPA Bares Its Teeth in Facebook Biometric Privacy Deal (Law360, Jan. 30, 2020)(subscription required to read the article).

Fitzgerald has authored a book-length Guide to the Illinois Biometric Information Privacy Act, which will be published shortly by the Illinois State Bar Association.

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