Illinois Supreme Court Holds That “Daily Fantasy Sports” Contests Are Not Gambling
On April 16, 2020, the Illinois Supreme Court signaled that traditional notions of gambling are changing and that Illinois law must evolve to embrace those changes. The Court reached its decision in Colin Dew-Becker v. Andrew Wu, 2020 IL 124472 (2020). The...
What Businesses Must Know Now About Insurance Coverage For COVID-19 Claims
For companies struggling with the loss of business caused by the COVID-19 crisis, insurance coverage can mean the difference between survival and extinction. While many companies had the foresight to buy pandemic or even business interruption insurance before this...
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...
Nationally Recognized Patent Trial Attorney Brad Lyerla Joins TDR
New Partner Expands TDR’s Intellectual Property Practice Tabet DiVito & Rothstein LLC is proud to announce that highly accomplished trial attorney Brad Lyerla has joined the firm as a Partner. Brad is a nationally recognized trial attorney in the field of...
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...
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...
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...
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...
Illinois Appellate Court Provides Lessons for Parties to Multi-Phased Services Contracts
On Monday February 24, my colleague Amie Bauer posted an article on the purpose of Supreme Court Rule 213(f) as gleaned from ESP Global, LLC v Northwest Community Hospital, 2020 IL App (1st) 182023. That same case also provides important lessons for parties wishing...
First District Confirms that Independent Auditors Generally Do Not Owe Fiduciary Obligations to Their Clients
On February 14, 2020, the Illinois Appellate Court, First District, made some law when it confirmed, apparently for the first time, that, under Illinois law, independent auditors do not owe a fiduciary duty to their clients. See Asian Human Services Family...
Illinois Supreme Court Rule 213(f): Avoiding surprise and discouraging tactical gamesmanship
In ESP Global, LLC v. Northwest Community Hospital, the appellate court affirmed that the defendant, Northwest Community Hospital ("Northwest"), breached its contract implied in fact with the plaintiff, ESP Global, LLC ("ESP"). 2020 IL App (1st)...
Avoiding Pyrrhic Victories: How to preserve third-party contribution claims when a plaintiff might re-file a voluntarily dismissed action
Lawyers are almost always happy to accept a voluntary dismissal of claims against their client. However, such a dismissal can create a trap for the unwary. In particular, a tort defendant might lose the ability to bring contribution claims against others...
SCOTUS Watch: Romag Fasteners, Inc. v. Fossil, Inc., 18-1233
On January 14, 2020, the United States Supreme Court heard argument in Romag Fasteners, Inc. v. Fossil, Inc., 18-1233, a case involving a trademark dispute under the Lanham Act, 15 U.S.C. § 1117. At issue is whether a plaintiff can recover profits for a violation of...
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...
Avoiding Settlement Pitfalls in Multi-Defendant Litigation
After months or years of litigation against multiple defendants, you've finally reached a settlement for your client with one of the defendants. But, despite the settlement with one defendant, your client or the remaining defendants want to continue to litigate...
TDR Victorious in Non-Compete and Trade Secret Misappropriation Case
Non-Competition Restrictive Covenant Ruled Enforceable On January 15, TDR obtained a preliminary injunction in the U.S. District Court for the Northern District of Illinois for an automobile dealership against an ex-employee in a case involving allegations that the...
Appellate Court Sides With TDR
Corporate Officer and Employee Not Liable for Corporation Debt On January 24, TDR won an appeal in the Illinois Appellate Court, First District, in a case where a judgment creditor attempted to hold a corporate officer and a corporate employee personally liable for a...
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...