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John M. Fitzgerald

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 […]

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 […]

Appellate Court Considers Illinois’ Relation Back Rule After Krupski

In their regular column in the the Chicago Daily Law Bulletin, “The Bottom Line,” John M. Fitzgerald and Uri Abt discuss a recent a Illinois appellate court opinion that answered two certified questions about Illinois’ relation back rule in light of the United States Supreme Court’s decision in Krupski v. Costa Crociere S.p.A., 560 U.S. […]

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 […]

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 […]

Fitzgerald Quoted in News Article on Illinois Supreme Court’s Upcoming Term

TDR Partner John Fitzgerald was interviewed by reporter Andrew Maloney of the Chicago Daily Law Bulletin for its article on September 8th (subscription required) about the Illinois Supreme Court’s upcoming term.  Fitzgerald, whose practice is focused primarily on appeals and commercial litigation, commented on the implications of the Illinois Supreme Court’s eventual ruling in Price […]

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 […]

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 Victorious in Professional Liability Matter

Tabet DiVito & Rothstein LLC obtained a favorable judgment for our client, a prominent international law firm, in an action alleging professional liability with respect to patent litigation.  The court dismissed, with prejudice, all claims against our client, and entered an order barring all contribution claims. This case was originally filed in the US District […]

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 […]

John Fitzgerald Quoted in Crain’s Chicago Business Regarding Pension Litigation

TDR partner John Fitzgerald has been quoted twice in Crain’s Chicago Business articles concerning the pending constitutional challenge to Public Act 98-0599, which diminished the pension benefits received by members of State retirement systems.  In a Crain’s article published on April 23, 2014, John was quoted on the significance of the Illinois Appellate Court’s recent […]

TDR Wins Summary Judgment for Engineer in Cook County Personal Injury Action

On May 12, 2014, Judge Daniel Gillespie entered summary judgment for an Indiana engineer who was a defendant in a personal injury action filed in the Circuit Court of Cook County.  Plaintiff is an Illinois ironworker who was injured while off-loading and staging I-beams at a construction site.  Plaintiff alleged that the I-beams were constructed […]

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 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 […]

Fitzgerald Authors Article on Expert Witnesses

In the August 8, 2012 edition of The Bottom Line, his monthly column for The Chicago Daily Law Bulletin on trends in Illinois litigation, John Fitzgerald discussed a recent Illinois Appellate Court decision which affirmed the circuit court’s finding that an expert was not qualified to testify on the standard of care within a certain […]

Fitzgerald Authors Article on Fraud Claims

In the July 11, 2012 edition of The Bottom Line, his monthly column for The Chicago Daily Law Bulletin on trends in Illinois litigation, John Fitzgerald explained that a recent Illinois Supreme Court decision creates some ambiguity on the extent to which fraud claims may arise in factual settings that are neither commercial nor transactional.  […]

Fitzgerald Quoted on Meaning of Justice

John M. Fitzgerald shared an observation on the meaning of justice in the Chicago Daily Law Bulletin’s Question of the Day, citing the example of Gordon Hirabayashi. Gordon Hirabayashi courageously challenged the U.S. government’s treatment of Japanese-Americans during World War II by disregarding a military-imposed curfew, refusing to register for internment, and then moving for […]

TDR Obtains Rare Supervisory Order for Client in Illinois Supreme Court Proceedings

On January 18, 2012, the Illinois Supreme Court granted the motion of TDR’s client, John Crane Inc. (JCI), for a supervisory order and ordered the appellate court to consider JCI’s appeal on the merits. In the process, the Supreme Court vacated two earlier decisions by the Illinois Appellate Court that had refused to adjudicate JCI’s […]