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...
Court Orders Production of Privileged Documents Reviewed by 30(b)(6) Witness
A recent Northern District of Illinois case illustrates privilege issues that arise when a corporate party designates an in-house attorney to testify as a Rule 30(b)(6) deposition witness. In Baxter International, Inc. v. Becton, Dickinson and Co., 2019 WL...
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...
Effect of Stricken Post-Judgment Motion for Reconsideration
Joseph v. Evergreen Motors, 2019 IL App (1st) 180360 (Sept. 20, 2019) is a cautionary case regarding a trap for the unwary that lost an Illinois appeal. Following summary judgment for the defendant, the plaintiff timely filed a motion to reconsider. Under the rules, a...
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 TDRs representation of the Illinois Road and Transportation Builders Association and...
TDR Obtains Dismissal of CROA Class Action Claims
Federal Court in Kansas Grants Motion to Dismiss On September 12, 2019, the United States District Court for the District of Kansas granted our client's motion to dismiss claims arising under the Credit Repair Organizations Act ("CROA"). Plaintiff alleged that our...
TDR Obtains Consent Decree and Settlement in Anti-Discrimination Lawsuit
Opioid Addiction Rehabilitation Facility Development Approved On August 4, 2017, TDR filed a five-count complaint in the Northern District of Illinois to redress the unlawful acts of Kane County that resulted in the deprivation of a special use permit to develop and...
Collecting Biometric Data or Other Confidential Information May Carry Significant Liability Risks
The Chicago Daily Law Bulletin recently published Tabet DiVito & Rothstein associate Jacob Berger's article (subscription may be required) regarding the Illinois Supreme Court's decision in Rosenbach v. Six Flags Entertainment Corp., 2019 IL 123186. That decision...
Kate O’Brien Quoted in The Associated Press
TDR partner Kate O'Brien spoke to The Associated Press about recent rulings TDR secured for our client the United States Conference of Mayors in City of Evanston and United States Conference of Mayors v. Sessions. The lawsuit challenges the Attorney General's decision...
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...
Tim Hudson Appointed to Advisory Committee on MIDP
The Judges of the United States District Court for the Northern District of Illinois have appointed Tim Hudson to serve on the Advisory Committee to the Court on the Mandatory Initial Discovery Pilot Program ("MIDP"). On April 27, 2017, Chief Judge Ruben Castillo of...
TDR Obtains Denial of Class Certification
Federal Court in Illinois Denies Motion to Certify Class for TCPA Claims On February 8, 2019, the United States District Court for the Northern District of Illinois denied a motion to certify a class action against our client for claims arising under the Telephone...