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Business Litigation

Necessary Stays: What happens when a necessary party in a multi-party Illinois case files for bankruptcy?

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 […]

Court Orders Production of Privileged Documents Reviewed by 30(b)(6) Witness

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 […]

Bankruptcy Stay Did Not Toll Limitations Period for Claims Against Accountants

On New Year’s Eve, the Illinois Appellate Court issued an unpublished order that affirmed the circuit court’s dismissal of colossal claims against a major accounting firm.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  The order, while unpublished and thus generally non-citable under […]

TDR Obtains Consent Decree and Settlement in Anti-Discrimination Lawsuit

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 […]

TDR Attorneys Selected as 2019 Illinois Super Lawyers and Rising Stars

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 […]

11 TDR Attorneys Recognized as SuperLawyers or Rising Stars

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 […]

TDR Among “Best Law Firms” for Patent Litigation, Patent Law, Says U.S. News & World Report

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 […]

FBA Installs Two TDR Partners

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 […]

Court bars vexatious litigation against UMG and Kanye West under doctrine of res judicata

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 […]

TDR Wins Jury Trial Defense Verdict for Hospira

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 […]

Chicago Daily Law Bulletin Quotes Tabet on Victory in Internet Sales Tax False Claims Act Case

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 […]

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 […]

Plaintiff X: Orders Denying Leave to Litigate Anonymously Are Immediately Appealable

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.  […]

Circuit Court Lacks Jurisdiction to Review Arbitrator’s Ruling In Favor of Failed Bank

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 […]

Federal District Court Applies Newly Amended Rule 37(e)

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 […]

Intradistrict Conflict on the Effect of Video Played for the Jury in the Courtroom in the Presence of Judge, Attorneys, and Defendant, after Commencement of Jury Deliberations

Although not directly related to any codified evidence rule, it is important to be aware of three appellate court split decisions in the Third District resulting in intradistrict conflicts about the propriety of playing a video—at the request of the jury after jury deliberations had begun—in the courtroom in the presence of the jury, the […]

Appellate Court Holds that Trial Is Needed to Determine Whether Commercial Dispute Must be Arbitrated

The recent case of Sturgill v. Santander Consumer USA, Inc., 2016 IL App (5th) 140380, demonstrates that while most motions to compel arbitration pursuant to a written contract will be determined based only upon the allegations of the plaintiff’s complaint and the language of the contractual arbitration clause, there are times when more information is […]

10 TDR Attorneys Recognized as Super Lawyers or Rising Stars

Once again, SuperLawyers® Magazine has recognized nearly three-fourths of TDR partners for their high-degree of peer recognition and professional achievement. Congratulations to: SuperLawyers•Karina Zabicki DeHayes•Gino L. DiVito•Mark H. Horwitch•Timothy A. Hudson•Christopher D. Liguori *•Michael I Rothstein•Caesar A. Tabet Rising Stars•John M. Fitzgerald *•Brian C. Haussmann•Daniel I. Konieczny * – First time honoree in this category […]

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, […]

Abt and Fitzgerald Co-Author CDLB Column

Administrative Remedies Must Be Exhausted Before Filing Claim TDR attorneys Uri B. Abt and John Fitzgerald co-authored a column in the October 21st (subscription may be required) edition of the Chicago Daily Law Bulletin.  The column, “Federal Act Should Have Put End to Claim Quickly,” examined a recent Illinois Appellate Court decision on a matter […]