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TDR Secures Appellate Victory

Share:On June 14, 2022, Tabet DiVito & Rothstein won an appeal in the Illinois Appellate Court, Fourth District. In the underlying lawsuit, the plaintiff brought a negligence claim against the firm’s client. TDR obtained a trial court victory, and the trial court dismissed the claim for lack of personal jurisdiction. On appeal, the Illinois Appellate […]

TDR Wins Early Dismissal of Consumer Fraud Class Action Lawsuit

Share:On June 3, 2022, the United States District Court for the Southern District of Illinois issued an opinion granting TDR’s motion to dismiss and dismissing a putative consumer fraud class action with prejudice. In the underlying lawsuit, the plaintiff alleged that numerous air conditioning models sold by TDR’s client contained a common design defect that […]

TDR Wins Illinois Supreme Court Victory for Roadbuilders

Share:On April 21, TDR attorneys John Fitzgerald, Gino L. DiVito, Amanda Catalano, and Jonathan Kim won an impressive victory in the Illinois Supreme Court for the Illinois Road and Transportation Builders Association, and a coalition of other associations representing the transportation infrastructure construction and design industry, in litigation to enforce the Safe Roads Amendment to the […]

TDR Wins in Seventh Circuit to Affirm Dismissal of Claims

Share:On March 28, 2022, the United States Court of Appeals for the Seventh Circuit issued an opinion affirming the district court’s order dismissing a breach-of-contract claim filed against the firm’s clients. In the underlying lawsuit, the plaintiff alleged that our clients had defaulted on a multi-million dollar promissory note and personal guaranty executed in connection […]

Michael Rothstein Reappointed to Judicial Screening Committee

Share:Illinois Supreme Court Justice Mary Jane Theis has reappointed TDR Partner Michael Rothstein to her Judicial Screening Committee. The Committee assists Justice Theis in evaluating the qualifications of applicants for judicial vacancies in the Circuit Court of Cook County. Mr. Rothstein has served on the Committee since 2012. An excerpt from the December 2, 2021 […]

Illinois’ Single Subject Rule: Mandatory, but Often Ignored in Illinois

Share:In this Op-Ed in the Chicago Tribune (subscription may be required), TDR Partner Gino DiVito makes a strong case for maintaining Illinois’ Single Subject Rule.  DiVito explains the history of the rule and describes several Illinois Supreme Court decisions upholding the rule.  DiVito also points out a recent law passed by the Illinois Legislature and signed into law by Governor […]

TDR Secures Victory—Insurance Company Must Defend Sorority Members Under Sorority’s Policy

Share:TDR partner Michael J. Grant and associate Amie M. Bauer obtained summary judgment in favor of policyholders and against an insurance company on the duty to defend.  The case concerned insurance coverage for two sorority members for an underlying lawsuit where they were alleged to have negligently caused the death of a sorority pledge. The underlying lawsuit alleged that […]

TDR Knocks Out Business Tort Claims Alleged Against Large Real Estate Company

Share:TDR partner Michael J. Grant  and associate Amanda N. Catalano obtained summary judgment on claims of tortious interference with a contract and unjust enrichment asserted against TDR’s client, a large real estate company. The case concerned a dispute between real estate brokers over sale commissions associated with the rental of a large commercial property.  The court found that the […]

TDR Attorneys Published in Law360: “Key Considerations for Commercial Tenants Withholding Rent”

Share:In this Law360 article, TDR Attorneys Brian Haussmann, Amanda Catalano, Amie Bauer, and Jonathan Kim analyze the key considerations for commercial tenants withholding rent. The article emphasizes how important it is for businesses and their advisors to understand the rights of commercial tenants and landlords, particularly whether and when a commercial tenant may withhold rent to offset losses cause by a […]

Tim Hudson Moderates Federal Bar Association Panel on Voting Rights & American Democracy

Share:Partner Tim Hudson served as the moderator for the Federal Bar Association – Chicago Chapter’s continuing legal education seminar entitled “Voting Rights & American Democracy.”  Panelists included Professor Ellen Katz from the University of Michigan Law School and Ami Gandhi, Senior Counsel for the Chicago Lawyer’s Committee for Civil Rights. Mr. Hudson is a partner whose practice […]

TDR Attorneys Named Super Lawyers, Rising Stars

Share:Once again, about 2/3 of TDR Attorneys have been named as either Super Lawyers or Rising Stars by Super Lawyers Magazine and ThomsonReuters.  Super Lawyers recognizes attorneys who have distinguished themselves in their legal practice. Special recognition goes to Mark Horwitch who has been named a Super Lawyer for the 10th time.  He joins Gino DiVito, John […]

Tim Hudson Installed as Treasurer for the Federal Bar Association – Chicago Chapter

Share:TDR partner Tim Hudson was recently installed as the Treasure of the Federal Bar Association – Chicago Chapter, which represents and supports federal court practitioners and judges throughout the Chicagoland area. In a ceremony conducted via videoconference due to COVID-19 concerns, Hudson was sworn in by the Chief Judge of the United States District Court […]

Fitzgerald Installed as ALA President

Share:On June 12, 2020, TDR Partner John M. Fitzgerald was installed as the 53rd President of the Appellate Lawyers Association, an association of lawyers who practice in courts of review and judges who serve on those courts.  In a ceremony conducted via videoconference due to COVID-19 concerns, Fitzgerald was sworn in by TDR founding partner, […]

Illinois Supreme Court Holds that Collateral Source Rule Does Not Apply in Pure Economic Loss Tort Cases

Share: 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 Industries Ass’n, 2020 IL 124107 (opinion filed May 21, 2020), the Illinois Supreme Court held […]

“Used with a View to Profit”–An Interesting Statutory Phrase and a Property Tax Dispute

Share: 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 the Illinois Property Tax Code.  Section 15-35 states that "all […]

Seventh Circuit Issues Stern Warning to Violators of Telemarketing Statutes

Share: 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 because the number of violations reaches the stratosphere can’t complain about the consequences of […]

Brian Haussmann Quoted in Law360 Filing on Behalf of U.S. Conference of Mayors

Share: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 federal public-safety funds.  The brief also argues that the Conference, as an association, has […]

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

Share: 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 to perform a natural birth rather than a Caesarean section, […]