Back to all posts

Gino L. DiVito

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 […]

Illinois’ Single Subject Rule: Mandatory, but Often Ignored in Illinois

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 Attorneys Named Super Lawyers, Rising Stars

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 […]

Crim v. Dietrich: Focus on the Necessity for a Posttrial Motion in a Civil Jury Trial and the Effect of Not Filing Such a Motion

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 […]

People v. Murray: Supreme Court Disagreement on Illinois Rule of Evidence 705

Illinois Rule of Evidence 705, which is substantially identical to its federal counterpart, reads as follows: The expert may testify in terms of opinion or inference and give reasons therefor without first testifying to the underlying facts or data, unless the court requires otherwise. The expert may in any event be required to disclose the […]

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 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 […]

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 […]

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 […]

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 […]

12 TDR Attorneys Recognized as Super Lawyers or Rising Stars

Karina DeHayes and Mark Horwitch Receive Special Recognition SuperLawyers® Magazine has recognized nearly three-fourths of TDR partners and one associate for their high-degree of peer recognition and professional achievement. In addition,  Karina DeHayes was named one of the Top 50 Women Lawyers and Mark Horwitch was named one of the Top 100 Illinois Lawyers. Congratulations to: SuperLawyers […]

Victory in Pension Lawsuit

On November 21, 2014, Sangamon County Circuit Court Judge John Belz issued an order (linked) finding Public Act 98-0599, a pension reduction law that was enacted in December 2013, unconstitutional and void in its entirety.  Working with attorneys representing various other plaintiff groups, TDR partners Gino L. DiVito, John M. Fitzgerald, Brian C. Haussmann, and […]

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 […]

11 TDR Partners Named as SuperLawyers or Rising Stars

SuperLawyers® Magazine has recognized nearly three-fourths of TDR partners for their high-degree of peer recognition and professional achievement.  The list of Illinois SuperLawyers includes no more than five percent of the lawyers in the state.  Rising Star is a distinction reserved for the top 2.5% of Illinois lawyers who are under 40 or in practice for […]

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 […]

DiVito, Haussmann and Fitzgerald Author Article on Attorney-Client Privilege

The July 2013 edition of the Illinois Bar Journal included an article by TDR partners Gino L. DiVito, Brian C. Haussmann and John M. Fitzgerald.  Their article, New Limits on Subject Matter Waiver of Attorney-Client Privilege, discusses the new standard for subject matter waiver of the attorney-client privilege that was announced in the Illinois Supreme […]

TDR Obtains Complete Defense Victory

TDR recently secured a dismissal with prejudice of all claims brought against its clients in a hotly contested seven-figure breach of fiduciary duty case pending in the Circuit Court of Cook County. TDR’s clients were sued for breach of fiduciary and related claims by their purported joint venture partner. The purported partner alleged that TDR’s […]

TDR Wins Appeal in the Illinois Supreme Court

TDR secured a significant victory in the Illinois Supreme Court, which today issued an important decision concerning a matter of first impression in Illinois:  whether the extrajudicial (i.e., out of court) disclosure to a third party of attorney-client communications waives the attorney-client privilege over private, undisclosed attorney-client communications concerning the same “subject matter.” In a […]

Evidence Guide Now on Permanent Page on TDR Website

TDR partner Gino L. DiVito has prepared a color-coded guide comparing the new Illinois Rules of Evidence with the Federal Rules of Evidence and providing commentary on the new rules.  DiVito is a member of the Special Supreme Court Committee on Illinois Evidence, the body that formulated the rules and presented them to the Supreme […]

Update Regarding Illinois Supreme Court Appeal: ISBA, ACC, IADC and IDC Given Leave to File Amicus Briefs In Support of TDR Appeal

On February 7, 2012, the Illinois Supreme Court granted leave to the Illinois State Bar Association (ISBA), the Association of Corporate Counsel (ACC), including its Chicago Chapter, the International Association of Defense Counsel (IADC), and the Illinois Association of Defense Trial Counsel (“IDC”) to file amicus briefs in support of TDR client Westfield’s pending appeal. […]