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 […]
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 […]
Share: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 timely motion to reconsider tolls the time for filing an […]
Share: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 other transportation industry associations in constitutional litigation against Cook County. TDR and its attorneys often represent clients in […]
Share: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 to impose unlawful, immigration-related conditions on the receipt of federal grant funds under […]
Share:On August 29, 2018, TDR attorneys won an impressive victory for our client the United States Conference of Mayors in the United States Court of Appeals for the Seventh Circuit. The Conference represents the interests of cities throughout the country. As a result of the Seventh Circuit’s decision, the Attorney General is enjoined from imposing […]
Share:Tabet DiVito & Rothstein partner Katherine M. O’Brien has been awarded the Amicus Service Award from the International Municipal Lawyers Association. The IMLA Amicus Service Award recognizes lawyers who have been actively involved in legal advocacy for and on behalf of local governments and IMLA, and who have done exemplary work to protect and advance […]
Share:TDR Partners Brian C. Haussmann and Kate M. O’Brien traveled to Washington, D.C. to brief the U.S. Conference of Mayors on the firm’s work in Chicago v. Sessions and on immigration-related legal challenges facing Chicago and other cities. Haussmann spoke on the second day of the Conference’s Winter Meeting on a panel titled “Immigration: Responding […]
Share:On January 4, 2018, TDR partners Brian C. Haussmann, John M. Fitzgerald, and Katherine M. O’Brien filed an amicus brief with the United States Court of Appeals for the Seventh Circuit in City of Chicago v. Sessions, Case No. 17-2991. TDR filed the brief on behalf of the County of Santa Clara, the United States Conference […]
Share:Yesterday Tabet DiVito & Rothstein attorneys Caesar A. Tabet, Brian C. Haussmann and John M. Fitzgerald filed an amicus brief as local counsel on behalf of Santa Clara County, California (the “County”) and 42 other local governments and organizations nationwide in City of Chicago v. Sessions, Northern District of Illinois Case No. 15-cv-5720 (Leinenweber, J.). […]
Share: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 appealable if the amount of the sanctions remains to be determined, even […]
Share: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 transgender student sued his school district for denying him access to […]
Share: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 third-parties that may owe money to the judgment debtor (insurance companies, for example) and can […]
Share: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) 150397, the appellate court held that the defendant in a premises liability claim was entitled to summary judgment […]
Share:The Illinois Appellate Court recently ruled that, where a party raises a substantive arbitral issue in a motion to dismiss pursuant to Illinois Code of Civil Procedure § 2-619(a)(2), that party has submitted to the jurisdiction of the court and waives its right to compel arbitration. Watkins v. Mellen, 2016 IL App (3d) 2016. Albert […]
Share:The Illinois Code of Civil Procedure provides a mechanism for the circuit court to dismiss an action where there is “another action pending between the same parties for the same cause.” 735 ILCS 5/2-619(a)(3). In Schacht v. Lome, 2016 IL App (1st) 141931, the appellate court considered whether the defendant’s prior suit to enjoin dissolution […]
Share:In an article in the Chicago Daily Law Bulletin, Jordan Wilkow discusses a recent case from the Northern District of Illinois that, for the first time in the Northern District, denied conditional pre-notice class certification under the Fair Labor Standards Act after applying an “intermediate” standard of review.
Share:Do statutory confidentiality provisions mandate that information designated “confidential” is also non-discoverable? No, the Illinois Supreme Court recently held in Klaine v. Southern Illinois Hospital Services, 2016 IL 118217. Rather, “the confidential nature of information does not prevent it from being discoverable unless the plain language of the statute so provides.” The Supreme Court’s ruling […]
Share:In their regular column in the the Chicago Daily Law Bulletin, “The Bottom Line,” John M. Fitzgerald and Uri Abt discuss a recent a Illinois appellate court opinion that answered two certified questions about Illinois’ relation back rule in light of the United States Supreme Court’s decision in Krupski v. Costa Crociere S.p.A., 560 U.S. […]
Share:Unanimous Opinion Strikes Down Pension Law In a unanimous opinion, the Illinois Supreme Court affirmed a lower court ruling that a 2013 pension reform law is unconstitutional. TDR represented a group of retired teachers in successfully challenging the law. TDR Founding Member Gino DiVito, who argued the case before the Court, said, “We are delighted that today’s […]
Share:On November 21, 2014, Sangamon County Circuit Court Judge John Belz issued an order (linked) finding Public Act 98-0599, a pension reduction law that was enacted in December 2013, unconstitutional and void in its entirety. Working with attorneys representing various other plaintiff groups, TDR partners Gino L. DiVito, John M. Fitzgerald, Brian C. Haussmann, and […]
Share:TDR partner John Fitzgerald has been quoted twice in Crain’s Chicago Business articles concerning the pending constitutional challenge to Public Act 98-0599, which diminished the pension benefits received by members of State retirement systems. In a Crain’s article published on April 23, 2014, John was quoted on the significance of the Illinois Appellate Court’s recent […]
Share:Tabet DiVito & Rothstein successfully represented the Regional Transportation Authority (RTA) before the Illinois Supreme Court in a case argued by partner Gino DiVito. The Supreme Court’s decision in Hartney Fuel Oil Co. v. Hamer, 2013 IL 115130 is a landmark case that will determine the way that Illinois sales tax obligations are imposed on […]
Share:Marzano, et al. v. Village of Crestwood, et al. TDR attorneys Caesar Tabet, Jeff Patton, Daniel Stanner, and Reema Kapur successfully defended the Village of Crestwood, Illinois and one of its elected officials in a class action in the Circuit Court of Cook County alleging that the Village supplied chemically contaminated and carcinogenic tap water […]