After months or years of litigation against multiple defendants, you’ve finally reached a settlement for your client with one of the defendants. But, despite the settlement with one defendant, your client or the remaining defendants want to continue to litigate the case. Drafting the settlement agreement with the settling defendant should be as easy as […]
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 […]
Corporate Officer and Employee Not Liable for Corporation Debt On January 24, TDR won an appeal in the Illinois Appellate Court, First District, in a case where a judgment creditor attempted to hold a corporate officer and a corporate employee personally liable for a judgment against the corporation (Hayward v. Scorte, 2020 IL App (1st) […]
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 […]
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 […]
On New Year’s Eve, the Illinois Appellate Court issued an unpublished order that affirmed the circuit court’s dismissal of colossal claims against a major accounting firm.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 The order, while unpublished and thus generally non-citable under […]
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 […]
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 […]
Federal Court in Kansas Grants Motion to Dismiss On September 12, 2019, the United States District Court for the District of Kansas granted our client’s motion to dismiss claims arising under the Credit Repair Organizations Act (“CROA”). Plaintiff alleged that our client — a nationwide provider of credit repair services — violated CROA by failing […]
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 […]
The Chicago Daily Law Bulletin recently published Tabet DiVito & Rothstein associate Jacob Berger’s article (subscription may be required) regarding the Illinois Supreme Court’s decision in Rosenbach v. Six Flags Entertainment Corp., 2019 IL 123186. That decision may have significantly expanded the scope of liability under the Illinois Biometric Privacy Act, 740 ILCS 14/1 et […]
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 […]
Tabet DiVito & Rothstein proudly announces that 12 of its attorneys have been selected for inclusion in the 2019 Illinois Super Lawyers and Rising Stars lists. Congratulations to all of them for attaining this high-degree of peer recognition and professional achievement. 2019 Super Lawyers Karina Zabicki DeHayes Gino L. DiVito John Fitzgerald* Mark H. Horwitch […]
The Judges of the United States District Court for the Northern District of Illinois have appointed Tim Hudson to serve on the Advisory Committee to the Court on the Mandatory Initial Discovery Pilot Program (“MIDP”). On April 27, 2017, Chief Judge Ruben Castillo of the Northern District of Illinois issued General Order 17-0005, establishing a […]
Federal Court in Illinois Denies Motion to Certify Class for TCPA Claims On February 8, 2019, the United States District Court for the Northern District of Illinois denied a motion to certify a class action against our client for claims arising under the Telephone Consumer Protection Act (“TCPA”). Gordon, et al. v. Caribbean Cruise Line, […]
TDR partner Tim Hudson has been appointed by the Chicago Bar Association to serve on its Judicial Evaluation Committee (JEC). The JEC investigates and evaluates the qualifications of persons who seek, or may be considered for nomination, election, appointment to or retention in judicial office. “The administration of justice in our community is largely a […]
Once again, Meredith Martin Mimi Addy and Tabet DiVito & Rothstein LLC have been recognized by U.S. News & World Report as being among The Best Lawyers in America and the Best Law Firms. Firms included in the 2019 Edition of “Best Law Firms” are recognized for professional excellence with consistently impressive ratings from clients […]
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 […]
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 […]
On Feb. 6, 2018, the Federal Circuit upheld for the second time the validity of the patent that TDR client Thales Visionix, Inc. asserts covers the helmet-mounted motion-tracking system worn by pilots of the F-35 Joint Strike Fighter, over the objections of Elbit Systems of America, which is one of the suppliers of the helmet […]
Once again, SuperLawyers® Magazine has recognized nearly three-fourths of TDR partners for their high-degree of peer recognition and professional achievement. In addition, one associate has benn named a Rising Star Congratulations to: SuperLawyers Meredith Martin Addy Karina Zabicki DeHayes Gino L. DiVito Mark H. Horwitch Timothy A. Hudson Christopher D. Liguori Michael I Rothstein Caesar […]
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 […]
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 […]
Chicago-based litigation boutique Tabet DiVito & Rothstein LLC has been named a top-tier firm in the 2018 edition of U.S. News & World Report – Best Lawyers “Best Law Firms,” the premier guide to law firms in the United States. Tabet DiVito & Rothstein (TDR) again received a Tier 2 designation in the categories of […]