On June 14, 2022, Tabet DiVito & Rothstein won an appeal in the Illinois Appellate Court, Fourth District. In the underlying lawsuit, the plaintiff brought a negligence claim against the firm’s client. TDR obtained a trial court victory, and the trial court dismissed the claim for lack of personal jurisdiction. On appeal, the Illinois Appellate […]
On June 3, 2022, the United States District Court for the Southern District of Illinois issued an opinion granting TDR’s motion to dismiss and dismissing a putative consumer fraud class action with prejudice. In the underlying lawsuit, the plaintiff alleged that numerous air conditioning models sold by TDR’s client contained a common design defect that […]
TDR partner John Fitzgerald was quoted in a Law360 article on his clients’ Illinois Supreme Court victory in Illinois Road and Transportation Builders Association, et al. v. County of Cook. Ruling in favor of a coalition of transportation industry associations, the Illinois Supreme Court held that Cook County and other home rule units of government […]
On April 21, TDR attorneys John Fitzgerald, Gino L. DiVito, Amanda Catalano, and Jonathan Kim won an impressive victory in the Illinois Supreme Court for the Illinois Road and Transportation Builders Association, and a coalition of other associations representing the transportation infrastructure construction and design industry, in litigation to enforce the Safe Roads Amendment to the […]
On March 28, 2022, the United States Court of Appeals for the Seventh Circuit issued an opinion affirming the district court’s order dismissing a breach-of-contract claim filed against the firm’s clients. In the underlying lawsuit, the plaintiff alleged that our clients had defaulted on a multi-million dollar promissory note and personal guaranty executed in connection […]
Illinois Supreme Court Justice Mary Jane Theis has reappointed TDR Partner Michael Rothstein to her Judicial Screening Committee. The Committee assists Justice Theis in evaluating the qualifications of applicants for judicial vacancies in the Circuit Court of Cook County. Mr. Rothstein has served on the Committee since 2012. An excerpt from the December 2, 2021 […]
In this Op-Ed in the Chicago Tribune (subscription may be required), TDR Partner Gino DiVito makes a strong case for maintaining Illinois’ Single Subject Rule. DiVito explains the history of the rule and describes several Illinois Supreme Court decisions upholding the rule. DiVito also points out a recent law passed by the Illinois Legislature and signed into law by Governor […]
TDR partner Michael J. Grant and associate Amie M. Bauer obtained summary judgment in favor of policyholders and against an insurance company on the duty to defend. The case concerned insurance coverage for two sorority members for an underlying lawsuit where they were alleged to have negligently caused the death of a sorority pledge. The underlying lawsuit alleged that […]
TDR partner Michael J. Grant and associate Amanda N. Catalano obtained summary judgment on claims of tortious interference with a contract and unjust enrichment asserted against TDR’s client, a large real estate company. The case concerned a dispute between real estate brokers over sale commissions associated with the rental of a large commercial property. The court found that the […]
In this Law360 article, TDR Attorneys Brian Haussmann, Amanda Catalano, Amie Bauer, and Jonathan Kim analyze the key considerations for commercial tenants withholding rent. The article emphasizes how important it is for businesses and their advisors to understand the rights of commercial tenants and landlords, particularly whether and when a commercial tenant may withhold rent to offset losses cause by a […]
TDR partner Gino L. DiVito has prepared a color-coded guide that compares the Illinois Rules of Evidence with the Federal Rules of Evidence and provides relevant commentary on both sets of rules. DiVito served on the Special Supreme Court Committee on Illinois Evidence that drafted the Illinois rules, which were approved by the Illinois Supreme […]
TDR recently obtained a dismissal of all claims against a client in Cumberland County, Illinois. TDR argued that Illinois courts lacked personal jurisdiction. The client allegedly provided service on a truck in Arkansas. The plaintiff then drove the truck to Illinois where she was involved in a serious motor vehicle accident. The driver sued the […]
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 […]
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 […]
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 […]
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 […]
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 […]
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, […]
Plaintiffs asserting purely economic losses in tort cases already face a significant hurdle in Illinois: the well-established economic loss rule, otherwise known as the Moorman doctrine. But those plaintiffs now face an additional challenge, because in Lewis v. Lead Industries Ass’n, 2020 IL 124107 (opinion filed May 21, 2020), the Illinois Supreme Court held that […]
In University of Chicago v. Department of Revenue, 2020 IL App (1st) 191195 (opinion issued May 15, 2020), the First District of the Illinois Appellate Court faced a unique property tax dispute that required the interpretation of a curious phrase in section 15-35 of the Illinois Property Tax Code. Section 15-35 states that "all property […]
Recently, the Illinois Appellate Court published its 2019 decision in Lopez v. Rendered Servs., Inc., 2019 IL App (1st) 181869. Lopez serves as a great refresher on the American Rule regarding attorney fees and statutory fee-shifting provisions in Illinois. In Lopez, the plaintiff parked his car in a private parking lot. His car was towed, […]
The Seventh Circuit’s recent decision in United States v. DISH Network LLC, 954 F.3d 970 (7th Cir. 2020), comes with a stern warning to companies that violate state and federal telemarketing statutes: "Someone whose maximum penalty reaches the mesosphere only because the number of violations reaches the stratosphere can’t complain about the consequences of its […]
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 […]
In the medical malpractice case of Crim v. Dietrich, 2020 IL 124318 (issued on April 2, 2020), plaintiffs, the mother and father of the injured newborn baby, alleged that defendant, the doctor who delivered the baby: (1) failed to obtain the mother’s informed consent to perform a natural birth rather than a Caesarean section, despite […]