TDR Wins Reversal in Patent Case before the Federal Circuit Related to the F-35 Joint Strike Fighter
TDR partners Meredith Martin Addy and Daniel Konieczny and TDR associate Ashley Crettol Insalaco, members of TDRs patent litigation and Federal Circuit practice, won an impressive victory before the U.S. Court of Appeals for the Federal Circuit. The court reversed...
TDR Files U.S. Supreme Court Amicus Brief on Behalf of AIPLA
Interprets patent venue statute 28 U.S.C. § 1400(b)TDR partner Meredith Martin Addy and associates Ashley Crettol Insalaco and Kelly ONeil filed an amicus brief at the U.S. Supreme Court on behalf of the American Intellectual Property Law Association (AIPLA) in TC...
Illinois Appellate Court Clarifies When Jurisdiction Arises To Review Rule 137 Sanctions Order
The Illinois appellate court recently faced an unusual issue and took the opportunity to clarify the law regarding the appealability of orders under Rule 137. It held that, absent a certification under Rule 304(a), an order granting sanctions under Rule 137 is not...
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...
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...
U.S. News Names TDR to Best Law Firms
Singles Out Specialties in Litigation, Patent Law Tabet DiVito & Rothstein has been designated a top-tier law firm by U.S. News and World Report and Best Lawyers in their recently released 2017 "Best Law Firms" rankings. The firm received a Tier 2 designation in...
Seventh Circuit: “Follow Form” Insurance Policy Does Not Allow Excess Insurer to Take Advantage of Arbitration Provision in Underlying Policy
In insurance, a follow form endorsement is typically understood to mean that an excess or umbrella insurance policy incorporates the terms of another underlying insurance policy. An excess carrier with such an endorsement might reasonably expect, then, that it could...
In Federal Court, Supplementary Proceedings Under 735 ILCS 5/2-1402(c)(6) Require An Independent Jurisdictional Basis
Even after a final money judgment is awarded, judgment debtors are not always willing or able to satisfy it. Sometimes supplementary proceedings are required to obtain satisfaction of the judgment. These supplementary proceedings can take the form of disputes with...
Chicago Daily Law Bulletin Quotes Tabet on Victory in Internet Sales Tax False Claims Act Case
On October 20, 2016, TDR partner Caesar Tabet was quoted by the Chicago Daily Law Bulletin in an article about the Illinois Appellate Court opinion in People ex. rel. Beeler, Schad and Diamond, P.C. v. Relax the Back Corp., 2016 IL App (1st) 151580. The Appellate...
Appellate Court Rules in Favor of TDR Client in False Claims Act Suit Directed to Internet Taxation
On October 17, 2016, the Illinois Appellate Court issued an opinion that exonerated TDR's client of all liability in connection with allegations that TDR's client violated the Illinois False Claims Act by not collecting sales tax on Internet and mail-order catalog...
TDR Prevails on Key Patent Claims in Inter Partes Review Before the Patent Trial and Appeal Board
TDR partners Meredith Martin Addy and Daniel Konieczny successfully defended key patent claims against an invalidity challenge in an inter partes review proceeding concerning motion tracking technology with applications to the helmet mounted displays used in military...
Seventh Circuit Holds that Service of Suit Clause in Insurance Contract Waives Right of Removal
The Seventh Circuit recently weighed in on the meaning and effect of a "service of suit" clause in a reinsurance treaty. In Pine Top Receivables of Illinois, LLC v. Transfercom, Ltd., 2015 WL 8780611, F.3d (7th Cir. Sept. 1, 2016), the Court held that a service of...
Circumstantial Evidence Insufficient to Establish Causation in Premises Liability Claim
The Illinois appellate court was recently presented with an interesting fact pattern that allowed it to consider the boundary between permissible inferences drawn from circumstantial evidence and impermissible speculation. In Berke v. Manilow, 2016 IL App (1st)...
Meredith Martin Addy Honored Twice
Chambers (Band 1 Ranking) and Best Lawyers Rocognize Addy's AccomplishmentsChambers USA, an annual guide to the legal market in the United States, has again ranked Tabet DiVito & Rothstein partner Meredith Martin Mimi Addy as a Leading Individual in Band 1 for...
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...
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...
TCPA Class Actions and the Question of Adequacy – For Counsel and Plaintiff
In Byer Clinic and Chiropractic Ltd. v. Kapraun, 2016 Il App (1st) 143733, a divided panel of the Illinois appellate court considered the class representative adequacy requirement under Illinois law in the context of a TCPA suit. A TCPA class action was similarly the...
Wilkow Authors CDLB Article
TCPA Class Actions Provide Backdrop for Illinois Courts' Struggle with the Adequacy Requirement for Both Counsel and Plaintiff TDR attorney Jordan Wilkow authored an article in the June 30 edition of the Chicago Daily Law Bulletin. The article examines conflicting...