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John M. Fitzgerald

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 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 […]

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, […]

“Used with a View to Profit”–An Interesting Statutory Phrase and a Property Tax Dispute

In University of Chicago v. Department of Revenue, 2020 IL App (1st) 191195 (opinion issued May 15, 2020), the First District of the Illinois Appellate Court faced a unique property tax dispute that required the interpretation of a curious phrase in section 15-35 of the Illinois Property Tax Code.  Section 15-35 states that "all property […]

Illinois Appellate Court: Shareholder’s Claim for Corporate Books and Records Fails

Shareholders in an Illinois corporation have a statutory right to examine the corporation’s books and records.  See 805 ILCS 5/7.75.  Minority shareholder oppression claims frequently include allegations that the corporation has violated a shareholder’s right to examine the books and records, often with the added allegation that the books and records are being withheld to […]

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 […]

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 Partner Quoted in Articles About Constitutional Litigation

TDR partner John Fitzgerald has been quoted in several news articles (Article 1) (Article 2) this past week concerning disputes arising under the Illinois Constitution, including TDR’s representation of the Illinois Road and Transportation Builders Association and other transportation industry associations in constitutional litigation against Cook County.  TDR and its attorneys often represent clients in […]

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 […]

7th Circuit Lifts Stay On Preliminary Injunction Obtained By TDR In Welcoming City Litigation

On August 29, 2018, TDR attorneys won an impressive victory for our client the United States Conference of Mayors in the United States Court of Appeals for the Seventh Circuit. The Conference represents the interests of cities throughout the country. As a result of the Seventh Circuit’s decision, the Attorney General is enjoined from imposing […]

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 Files Seventh Circuit Amicus Brief in Chicago “Sanctuary City” Litigation

On January 4, 2018, TDR partners Brian C. Haussmann, John M. Fitzgerald, and Katherine M. O’Brien filed an amicus brief with the United States Court of Appeals for the Seventh Circuit in City of Chicago v. Sessions, Case No. 17-2991. TDR filed the brief on behalf of the County of Santa Clara, the United States Conference […]

TDR Files Amicus Brief In Chicago “Sanctuary City” Litigation

Yesterday Tabet DiVito & Rothstein attorneys Caesar A. Tabet, Brian C. Haussmann and John M. Fitzgerald filed an amicus brief as local counsel on behalf of Santa Clara County, California (the “County”) and 42 other local governments and organizations nationwide in City of Chicago v. Sessions, Northern District of Illinois Case No. 15-cv-5720 (Leinenweber, J.).  […]

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 […]

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 […]

TDR Successfully Defends Accounting Firm From Claims By Former Client

TDR partners Caesar Tabet, Mark Horwitch and John Fitzgerald recently obtained the dismissal of an accounting malpractice suit in Indiana state court filed against one of the country’s largest public accounting firms. The plaintiffs were seeking millions of dollars in damages, and the lawsuit had been pending for about two years when TDR stepped in […]

TDR Wins TRO in Federal Court in Corporate Governance Dispute

TDR partners Caesar Tabet, Daniel Stanner, and John Fitzgerald, and TDR associate Uri Abt successfully represented a minority owner of a Delaware Limited Liability Company.  The controlling members planned to sell the assets of the company and then to file for Chapter 11 bankruptcy.  The controlling members scheduled a shareholder meeting to approve that transaction.  […]

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.  […]

Seventh Circuit Indicates Willingness to Revisit Causation Standard for ADA Claims

Although it left the issue undecided, the Seventh Circuit recently noted that the 2008 amendments to the Americans with Disabilities Act may have altered its causation standard.  The case, Arroyo v. Volvo Group North America LLC, No. 14-3618, 2015 WL 5846595 (Oct. 6, 2015), was discussed by John M. Fitzgerald and Uri Abt in “The Bottom […]