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Illinois Supreme Court Holds That “Daily Fantasy Sports” Contests Are Not Gambling

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,  On websites like FanDuel, […]

What Businesses Must Know Now About Insurance Coverage For COVID-19 Claims

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 […]

Court Finds Duty To Defend Biometric Act Claim Under “Personal Injury” Coverage

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 […]

Nationally Recognized Patent Trial Attorney Brad Lyerla Joins TDR

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 […]

People v. Murray: Supreme Court Disagreement on Illinois Rule of Evidence 705

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 […]

Illinois Appellate Court: Shareholder’s Claim for Corporate Books and Records Fails

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 […]

Seventh Circuit’s Decision Limiting Autodialer Definition Provides a Powerful Check Against Abusive TCPA Lawsuits

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 […]

ISBA Publishes Fitzgerald’s “Guide to Illinois Biometric Information Privacy Act”

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 […]

Illinois Appellate Court Provides Lessons for Parties to Multi-Phased Services Contracts

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 […]

First District Confirms that Independent Auditors Generally Do Not Owe Fiduciary Obligations to Their Clients

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 […]

Illinois Supreme Court Rule 213(f): Avoiding surprise and discouraging tactical gamesmanship

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 […]

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 if the plaintiff later re-files the action.  Fortunately, there are steps counsel can take […]

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 BIPA not only has teeth, but that those teeth are extremely sharp.”  See Allison Grande, BIPA Bares Its […]

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 ex-employee misappropriated his former employer’s trade secrets and violated a non-compete agreement.  The district court found that the employer’s non-competition restrictive […]

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 still free to pursue its claims against the other, non-debtor defendants? A […]

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 6258490 (N.D. Ill. Nov. 22, 2019), Magistrate Judge Sidney I. Schenkier ordered the defendant to produce documents […]

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 issued Dec. 31, 2019).  The order, while unpublished and thus generally non-citable under […]

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 TDR’s 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 […]

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 operate an alcohol and substance abuse rehabilitation center on a 120-acre site located […]