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Class Action Defense

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

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 […]

Seventh Circuit Issues Stern Warning to Violators of Telemarketing Statutes

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 […]

Court Finds Duty To Defend Biometric Act Claim Under “Personal Injury” Coverage

Illinois policyholders are likely covered under their insurance policies for a complaint alleging a violation of the Illinois Biometric Information Privacy Act (the "Biometric Act") (740 ILCS 14/1 et seq.). In West Bend Mut. Ins. Co. v. Krishna Schaumburg Tan, Inc., the Illinois Appellate Court affirmed a grant of summary judgment in favor of a […]

Seventh Circuit’s Decision Limiting Autodialer Definition Provides a Powerful Check Against Abusive TCPA Lawsuits

In their ongoing efforts to keep the largest gravy train in modern legal history rolling, plaintiffs’ lawyers are working hard to find more companies to hit with spurious violations of the Telephone Consumer Protection Act ("TCPA") by grafting thirty-year-old language on to twenty-first century technology.  Now, the Seventh Circuit Court of Appeals has joined a […]

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

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 […]

TDR Partner Quoted on Facebook BIPA Settlement

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 […]

Collecting Biometric Data or Other Confidential Information May Carry Significant Liability Risks

The Chicago Daily Law Bulletin recently published Tabet DiVito & Rothstein associate Jacob Berger’s article (subscription may be required) regarding the Illinois Supreme Court’s decision in Rosenbach v. Six Flags Entertainment Corp., 2019 IL 123186.  That decision may have significantly expanded the scope of liability under the Illinois Biometric Privacy Act, 740 ILCS 14/1 et […]

TDR Obtains Denial of Class Certification

Federal Court in Illinois Denies Motion to Certify Class for TCPA Claims On February 8, 2019, the United States District Court for the Northern District of Illinois denied a motion to certify a class action against our client for claims arising under the Telephone Consumer Protection Act (“TCPA”).  Gordon, et al. v. Caribbean Cruise Line, […]

TDR Obtains Dismissal of Class Action Complaint

Credit Repair Organizations Act and Electronic Funds Transfer Act Claims Denied On August 11, 2017, the United States District Court for the Central District of Illinois granted our client’s motion to dismiss a putative class action brought on behalf of potential class members under the Credit Repair Organizations Act (CROA) and the Electronic Funds Transfer […]

TCPA Class Actions and the Question of Adequacy – For Counsel and Plaintiff

In Byer Clinic and Chiropractic Ltd. v. Kapraun, 2016 Il App (1st) 143733, a divided panel of the Illinois appellate court considered the class representative adequacy requirement under Illinois law in the context of a TCPA suit.  A TCPA class action was similarly the backdrop for the Seventh Circuit’s consideration of the class counsel adequacy […]

Wilkow Authors CDLB Article

TCPA Class Actions Provide Backdrop for Illinois Courts’ Struggle with the Adequacy Requirement for Both Counsel and Plaintiff TDR attorney Jordan Wilkow authored an article in the June 30 edition of the Chicago Daily Law Bulletin.  The article examines conflicting views among Illinois state and federal courts regarding the severity of the adequacy requirement in […]

Intermediate Standard of Review Applied to Deny Conditional Pre-Notice Class Certification Under FLSA

In an article in the Chicago Daily Law Bulletin, Jordan Wilkow discusses a recent case from the Northern District of Illinois that, for the first time in the Northern District, denied conditional pre-notice class certification under the Fair Labor Standards Act after applying an “intermediate” standard of review.

Wilkow Authors CDLB Article

Counter-Intuitive Considerations for Plaintiffs, Defendants Considering FLSA Class Discovery TDR attorney Jordan Wilkow authored an article in the February 10 edition of the Chicago Daily Law Bulletin (subscription may be required).  The article, “Defendants, Plaintiffs Should Tread Lightly During Class Discovery in FLSA Actions,” examined a development in the law underlying conditional class certification under […]

TDR Successfully Resolves Toxic Water Class Action Against Illinois Municipality

Marzano, et al. v. Village of Crestwood, et al. TDR attorneys Caesar Tabet, Jeff Patton, Daniel Stanner, and Reema Kapur successfully defended the Village of Crestwood, Illinois and one of its elected officials in a class action in the Circuit Court of Cook County alleging that the Village supplied chemically contaminated and carcinogenic tap water […]