On February 14, 2020, the Illinois Appellate Court, First District, made some law when it confirmed, apparently for the first time, that, under Illinois law, independent auditors do not owe a fiduciary duty to their clients. See Asian Human Services Family Health Center, Inc. v. James Wong, 2020 IL App (1st) 191049. While the word […]
In ESP Global, LLC v. Northwest Community Hospital, the appellate court affirmed that the defendant, Northwest Community Hospital ("Northwest"), breached its contract implied in fact with the plaintiff, ESP Global, LLC ("ESP"). 2020 IL App (1st) 182023. On ESP’s cross-appeal, the court reviewed the exclusion of some of ESP’s damages testimony based on the finding […]
Lawyers are almost always happy to accept a voluntary dismissal of claims against their client. However, such a dismissal can create a trap for the unwary. In particular, a tort defendant might lose the ability to bring contribution claims against others if the plaintiff later re-files the action. Fortunately, there are steps counsel can take […]
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 […]
After months or years of litigation against multiple defendants, you’ve finally reached a settlement for your client with one of the defendants. But, despite the settlement with one defendant, your client or the remaining defendants want to continue to litigate the case. Drafting the settlement agreement with the settling defendant should be as easy as […]
Non-Competition Restrictive Covenant Ruled Enforceable On January 15, TDR obtained a preliminary injunction in the U.S. District Court for the Northern District of Illinois for an automobile dealership against an ex-employee in a case involving allegations that the ex-employee misappropriated his former employer’s trade secrets and violated a non-compete agreement. The district court found that the employer’s non-competition restrictive […]
In bet-the-company litigation, it is not unusual for one or more defendants to file for bankruptcy during the course of the proceedings. While the Bankruptcy Code normally imposes an automatic stay of the claims against the debtor, is an Illinois state court plaintiff still free to pursue its claims against the other, non-debtor defendants? A […]
A recent Northern District of Illinois case illustrates privilege issues that arise when a corporate party designates an in-house attorney to testify as a Rule 30(b)(6) deposition witness. In Baxter International, Inc. v. Becton, Dickinson and Co., 2019 WL 6258490 (N.D. Ill. Nov. 22, 2019), Magistrate Judge Sidney I. Schenkier ordered the defendant to produce documents […]
On New Year’s Eve, the Illinois Appellate Court issued an unpublished order that affirmed the circuit court’s dismissal of colossal claims against a major accounting firm. See Ritchie Capital Mgmt, LLC v. McGladrey & Pullen, LLP, 2019 IL App (1st) 180806-U (order issued Dec. 31, 2019). The order, while unpublished and thus generally non-citable under […]
Opioid Addiction Rehabilitation Facility Development Approved On August 4, 2017, TDR filed a five-count complaint in the Northern District of Illinois to redress the unlawful acts of Kane County that resulted in the deprivation of a special use permit to develop and operate an alcohol and substance abuse rehabilitation center on a 120-acre site located […]
Tabet DiVito & Rothstein proudly announces that 12 of its attorneys have been selected for inclusion in the 2019 Illinois Super Lawyers and Rising Stars lists. Congratulations to all of them for attaining this high-degree of peer recognition and professional achievement. 2019 Super Lawyers Karina Zabicki DeHayes Gino L. DiVito John Fitzgerald* Mark H. Horwitch […]
The Judges of the United States District Court for the Northern District of Illinois have appointed Tim Hudson to serve on the Advisory Committee to the Court on the Mandatory Initial Discovery Pilot Program (“MIDP”). On April 27, 2017, Chief Judge Ruben Castillo of the Northern District of Illinois issued General Order 17-0005, establishing a […]
TDR partner Tim Hudson has been appointed by the Chicago Bar Association to serve on its Judicial Evaluation Committee (JEC). The JEC investigates and evaluates the qualifications of persons who seek, or may be considered for nomination, election, appointment to or retention in judicial office. “The administration of justice in our community is largely a […]
Once again, Meredith Martin Mimi Addy and Tabet DiVito & Rothstein LLC have been recognized by U.S. News & World Report as being among The Best Lawyers in America and the Best Law Firms. Firms included in the 2019 Edition of “Best Law Firms” are recognized for professional excellence with consistently impressive ratings from clients […]
Once again, SuperLawyers® Magazine has recognized nearly three-fourths of TDR partners for their high-degree of peer recognition and professional achievement. In addition, one associate has benn named a Rising Star Congratulations to: SuperLawyers Meredith Martin Addy Karina Zabicki DeHayes Gino L. DiVito Mark H. Horwitch Timothy A. Hudson Christopher D. Liguori Michael I Rothstein Caesar […]
Chicago-based litigation boutique Tabet DiVito & Rothstein LLC has been named a top-tier firm in the 2018 edition of U.S. News & World Report – Best Lawyers “Best Law Firms,” the premier guide to law firms in the United States. Tabet DiVito & Rothstein (TDR) again received a Tier 2 designation in the categories of […]
Rothstein – President-Elect; Hudson – Director On October 4, 2017, the Chicago Chapter of the Federal Bar Assocition installed two TDR Partners as members of its management team. TDR partner and co-founder Michael Rothstein was installed as President Elect. He will assume the office of Chicago Chapter President in the fall of 2018. Mr. Rothstein […]
In April, the Honorable Charles Norgle of U.S. District Court for the Northern District of Illinois dismissed “a frivolous lawsuit brought purely for the purpose of causing an annoyance” against UMG Recordings, Inc. and Kanye West. Hijrahannah v. Def Jam Recordings, et al., Case No. 15-CV-11830 (slip op. April 11, 2017). The case presents a […]
After a three week jury trial in the United States District Court for the Northern District of Illinois, TDR partners Christopher Liguori and Timothy Hudson and TDR associate Katherine O’Brien won a defense verdict for clients Hospira Worldwide, Inc. and Hospira, Inc. in a breach of contract dispute brought by GlaxoSmithKline Biologicals, S.A. The lawsuit […]
On October 20, 2016, TDR partner Caesar Tabet was quoted by the Chicago Daily Law Bulletin in an article about the Illinois Appellate Court opinion in People ex. rel. Beeler, Schad and Diamond, P.C. v. Relax the Back Corp., 2016 IL App (1st) 151580. The Appellate Court’s opinion exonerated TDR’s client of all liability under […]
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 […]
There seems to be an increase in judicial decisions addressing a litigant’s right, if any, to use the court system without disclosing his or her name. Perhaps this trend is inspired by people’s experience on the Internet, where one may interact with others, express opinions, and engage in all manner of transactions without unmasking oneself. […]
John M. Fitzgerald and Uri Abt discuss a recent Illinois appellate court opinion interpreting the Financial Institutions Reform, Recovery and Enforcement Act (FIRREA), the federal law governing claims against failed banks, in their regular column in the Chicago Daily Law Bulletin. The appellate court held that the plaintiff’s failure to file an administrative action before the FDIC within […]
Magistrate Judge James C. Francis IV of the Southern District of New York recently granted, in part, a motion for sanctions that raised “significant issues concerning the reach of newly amended Rule 37(e) of the Federal Rules of Civil Procedure, the standard of proof governing spoliation, and the relief appropriate for destruction of electronically stored […]