TDR partner Tim Hudson successfully obtained dismissal of a putative class action lawsuit on behalf of a technology company that facilitates the sale of health insurance policies. The plaintiff filed a complaint in the U.S. District Court for the Northern District of Illinois and asserted claims on behalf of himself and the putative class arising […]
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 […]
TDR partners Christopher D. Liguori, Timothy A. Hudson and John M. Fitzgerald and TDR associate Amanda N. Catalano successfully represented an attorney and her law firm in a defamation lawsuit, obtaining dismissal of the lawsuit at the pleading stage in the Circuit Court of Cook County. In that lawsuit, Rose McGowan’s former criminal defense lawyer […]
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, […]
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 that […]
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 property […]
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, the plaintiff parked his car in a private parking lot. His car was towed, […]
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 its […]
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 […]
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, despite […]
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 Court’s decision involves the "daily fantasy sports" website, FanDuel.com. On websites like FanDuel, […]
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 crisis, some have not, and they are left to consider whether property or even commercial general […]
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 Tan, Inc., the Illinois Appellate Court affirmed a grant of summary judgment in favor of a […]
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 intellectual property and unfair competition. In addition to representing clients such as Amazon and […]
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 requires otherwise. The expert may in any event be required to disclose the […]
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 examine the books and records, often with the added allegation that the books and records are being withheld to […]
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 thirty-year-old language on to twenty-first century technology. Now, the Seventh Circuit Court of Appeals has joined a […]
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 Biometric Information Privacy Act and the rapidly developing case law interpreting it. It contains […]
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 to engage in services agreements that contemplate multiple phases, and for […]
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 Health Center, Inc. v. James Wong, 2020 IL App (1st) 191049. While the word […]
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) 182023. On ESP’s cross-appeal, the court reviewed the exclusion of some of ESP’s damages testimony based on the finding […]
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 if the plaintiff later re-files the action. Fortunately, there are steps counsel can take […]
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 Section 1125(a) of the Act (false designation of origin […]
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 BIPA not only has teeth, but that those teeth are extremely sharp.” See Allison Grande, BIPA Bares Its […]