Illinois Supreme Court Holds that Collateral Source Rule Does Not Apply in Pure Economic Loss Tort Cases
Plaintiffs asserting purely economic losses in tort cases already face a significant hurdle in Illinois: the well-established economic loss rule, otherwise known as the Moorman doctrine. But those plaintiffs now face an additional challenge, because in Lewis v. Lead...
“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...
Illinois Appellate Court Publishes Analysis on a Statutory Fee-Shifting Provision
Recently, the Illinois Appellate Court published its 2019 decision in Lopez v. Rendered Servs., Inc., 2019 IL App (1st) 181869. Lopez serves as a great refresher on the American Rule regarding attorney fees and statutory fee-shifting provisions in Illinois.In Lopez,...
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...
Brian Haussmann Quoted in Law360 Filing on Behalf of U.S. Conference of Mayors
TDR Partner Brian Haussmann, on behalf of The United States Conference of Mayors, filed a brief in the Seventh Circuit on April 20, 2020. The brief argues that the Court should affirm a lower court ruling allowing so-called “Sanctuary Cities” to receive needed...
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...
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...