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Appellate Practice

TDR Wins Illinois Supreme Court Victory for Roadbuilders

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 […]

TDR Wins in Seventh Circuit to Affirm Dismissal of Claims

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 […]

Michael Rothstein Reappointed to Judicial Screening Committee

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 […]

Fitzgerald Installed as ALA President

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, […]

Illinois Appellate Court Provides Lessons for Parties to Multi-Phased Services Contracts

On Monday February 24, my colleague Amie Bauer posted an article on the purpose of Supreme Court Rule 213(f) as gleaned from ESP Global, LLC v Northwest Community Hospital, 2020 IL App (1st) 182023.  That same case also provides important lessons for parties wishing to engage in services agreements that contemplate multiple phases, and for […]

Illinois Appellate Court Clarifies When Jurisdiction Arises To Review Rule 137 Sanctions Order

The Illinois appellate court recently faced an unusual issue and took the opportunity to clarify the law regarding the appealability of orders under Rule 137.  It held that, absent a certification under Rule 304(a), an order granting sanctions under Rule 137 is not appealable if the amount of the sanctions remains to be determined, even […]

TDR Wins Appeal in Commercial Guaranty Litigation

TDR partners Gino L. DiVito and John M. Fitzgerald and TDR associate Ashley Crettol Insalaco, along with their co-counsel, won an impressive victory in the Illinois Appellate Court in Koenig & Strey GMAC Real Estate v. Renaissant 1000 South Michigan I, LP, 2016 IL App (1st) 161783.  TDR represented three individuals who signed a guarantee […]

Certification Revocation Kills Appellate Jurisdiction

The District Court giveth, and the District Court taketh away.  In Kenosha Unified School District No. 1 Board of Education v. Whitaker (per curiam) (slip op. Nov. 14, 2016), the U.S. Court of Appeals for the Seventh Circuit faced a somewhat unusual circumstance.  A transgender student sued his school district for denying him access to […]

Appellate Court Rules in Favor of TDR Client in False Claims Act Suit Directed to Internet Taxation

On October 17, 2016, the Illinois Appellate Court issued an opinion that exonerated TDR’s client of all liability in connection with allegations that TDR’s client violated the Illinois False Claims Act by not collecting sales tax on Internet and mail-order catalog sales.  The lawsuit was one of hundreds filed by an Illinois law firm against […]

Michael Rothstein Reappointed to Rules Committee

The Illinois Supreme Court has appointed Michael Rothstein to a second three-year term on the Supreme Court Rules Committee.  The Rules Committee develops and reviews proposals regarding Illinois court rules and rules governing attorney professional responsibility.  Mr. Rothstein has served on the Rules Committee since January 1, 2013.  His new term runs through December 31, […]

Fitzgerald Quoted in News Article on Illinois Supreme Court’s Upcoming Term

TDR Partner John Fitzgerald was interviewed by reporter Andrew Maloney of the Chicago Daily Law Bulletin for its article on September 8th (subscription required) about the Illinois Supreme Court’s upcoming term.  Fitzgerald, whose practice is focused primarily on appeals and commercial litigation, commented on the implications of the Illinois Supreme Court’s eventual ruling in Price […]

Illinois Supreme Court Sides With TDR

Unanimous Opinion Strikes Down Pension Law In a unanimous opinion, the Illinois Supreme Court affirmed a lower court ruling that a 2013 pension reform law is unconstitutional.  TDR represented a group of retired teachers in successfully challenging the law. TDR Founding Member Gino DiVito, who argued the case before the Court, said, “We are delighted that today’s […]

TDR Partner Gino DiVito Argues Pension Case Before Illinois Supreme Court

“Pension Legislation is Unconstitutional” On March 11, 2015, TDR Founding Partner Gino DiVito argued before the Illinois Supreme Court in Heaton v. Quinn, a landmark case in which the Court will decide whether pension reduction legislation enacted in 2013 is unconstitutional.  TDR, representing retired teachers and both active and retired school administrators in the pension […]

TDR Successfully Represents Abbott Laboratories in Appeal Concerning Insurance Coverage Dispute

Tabet DiVito & Rothstein successfully represented Abbott Laboratories in an appeal concerning Abbott’s dispute with Certain Underwriters at Lloyd’s, London, over insurance coverage for a pharmaceutical product recall.  In its opinion, the Illinois Appellate Court, First District, affirmed the circuit court of Cook County’s award to Abbott of over $80 million in damages.  TDR attorneys […]

TDR Successfully Represents the RTA Before the Illinois Supreme Court in Tax Litigation

Tabet DiVito & Rothstein successfully represented the Regional Transportation Authority (RTA) before the Illinois Supreme Court in a case argued by partner Gino DiVito.  The Supreme Court’s decision in Hartney Fuel Oil Co. v. Hamer, 2013 IL 115130 is a landmark case that will determine the way that Illinois sales tax obligations are imposed on […]