Rothstein – President-Elect; Hudson – Director On October 4, 2017, the Chicago Chapter of the Federal Bar Assocition installed two TDR Partners as members of its management team. TDR partner and co-founder Michael Rothstein was installed as President Elect. He will assume the office of Chicago Chapter President in the fall of 2018. Mr. Rothstein […]
In April, the Honorable Charles Norgle of U.S. District Court for the Northern District of Illinois dismissed “a frivolous lawsuit brought purely for the purpose of causing an annoyance” against UMG Recordings, Inc. and Kanye West. Hijrahannah v. Def Jam Recordings, et al., Case No. 15-CV-11830 (slip op. April 11, 2017). The case presents a […]
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.). […]
Credit Repair Organizations Act and Electronic Funds Transfer Act Claims Denied On August 11, 2017, the United States District Court for the Central District of Illinois granted our client’s motion to dismiss a putative class action brought on behalf of potential class members under the Credit Repair Organizations Act (CROA) and the Electronic Funds Transfer […]
After a three week jury trial in the United States District Court for the Northern District of Illinois, TDR partners Christopher Liguori and Timothy Hudson and TDR associate Katherine O’Brien won a defense verdict for clients Hospira Worldwide, Inc. and Hospira, Inc. in a breach of contract dispute brought by GlaxoSmithKline Biologicals, S.A. The lawsuit […]
FSLA, TILA and IRS Code Claims Against Motor Carrier Denied On April 21, 2017, the United States District Court for the Central District of Illinois granted our clients’ motion to dismiss a putative class action brought on behalf of hundreds of potential class members under the Fair Labor Standards Act, the IRS Code, the Truth […]
The recent case Thales Visionix Inc. v. United States, Appeal No. 2015-5150 (Fed. Cir. Mar. 8, 2017), which considered technology used in helmets created for use by the pilots of F-35 Joint Strike Fighter planes, adds context to the ongoing debate about patent subject matter eligibility after Alice Corp. Pty. v. CLS Bank Intl., 134 S. […]
TDR partners Meredith Martin Addy and Daniel Konieczny and TDR associate Ashley Crettol Insalaco, members of TDRs patent litigation and Federal Circuit practice, won an impressive victory before the U.S. Court of Appeals for the Federal Circuit. The court reversed an adverse lower court decision in Thales Visionix, Inc. v. United States and Elbit Systems of […]
Interprets patent venue statute 28 U.S.C. § 1400(b) TDR partner Meredith Martin Addy and associates Ashley Crettol Insalaco and Kelly ONeil filed an amicus brief at the U.S. Supreme Court on behalf of the American Intellectual Property Law Association (AIPLA) in TC Heartland LLC v. Kraft Foods Group Brands LLC, U.S., No. 16-341 (2017). The American Intellectual Property […]
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 […]
TDR partners Gino L. DiVito and John M. Fitzgerald and TDR associate Ashley Crettol Insalaco, along with their co-counsel, won an impressive victory in the Illinois Appellate Court in Koenig & Strey GMAC Real Estate v. Renaissant 1000 South Michigan I, LP, 2016 IL App (1st) 161783. TDR represented three individuals who signed a guarantee […]
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 […]
Singles Out Specialties in Litigation, Patent Law Tabet DiVito & Rothstein has been designated a top-tier law firm by U.S. News and World Report and Best Lawyers in their recently released 2017 “Best Law Firms” rankings. The firm received a Tier 2 designation in the categories of Litigation-Patent and Patent Law. To be eligible for […]
In insurance, a follow form endorsement is typically understood to mean that an excess or umbrella insurance policy incorporates the terms of another underlying insurance policy. An excess carrier with such an endorsement might reasonably expect, then, that it could take advantage of an arbitration provision in the underlying policy. Not so fast, the Seventh […]
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 […]
On October 20, 2016, TDR partner Caesar Tabet was quoted by the Chicago Daily Law Bulletin in an article about the Illinois Appellate Court opinion in People ex. rel. Beeler, Schad and Diamond, P.C. v. Relax the Back Corp., 2016 IL App (1st) 151580. The Appellate Court’s opinion exonerated TDR’s client of all liability under […]
On October 17, 2016, the Illinois Appellate Court issued an opinion that exonerated TDR’s client of all liability in connection with allegations that TDR’s client violated the Illinois False Claims Act by not collecting sales tax on Internet and mail-order catalog sales. The lawsuit was one of hundreds filed by an Illinois law firm against […]
TDR partners Meredith Martin Addy and Daniel Konieczny successfully defended key patent claims against an invalidity challenge in an inter partes review proceeding concerning motion tracking technology with applications to the helmet mounted displays used in military aircraft. On October 14, 2016, the Patent Trial and Appeal Board (“PTAB”) of the U.S. Patent and Trademark […]
The Seventh Circuit recently weighed in on the meaning and effect of a “service of suit” clause in a reinsurance treaty. In Pine Top Receivables of Illinois, LLC v. Transfercom, Ltd., 2015 WL 8780611, F.3d (7th Cir. Sept. 1, 2016), the Court held that a service of suit clause gave the insured the right to […]
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 […]
Chambers (Band 1 Ranking) and Best Lawyers Rocognize Addy’s Accomplishments Chambers USA, an annual guide to the legal market in the United States, has again ranked Tabet DiVito & Rothstein partner Meredith Martin Mimi Addy as a Leading Individual in Band 1 for her accomplishments in intellectual property law in Illinois. Band 1 is Chambers […]
TDR partners Caesar Tabet, Mark Horwitch and John Fitzgerald recently obtained the dismissal of an accounting malpractice suit in Indiana state court filed against one of the country’s largest public accounting firms. The plaintiffs were seeking millions of dollars in damages, and the lawsuit had been pending for about two years when TDR stepped in […]
TDR partners Caesar Tabet, Daniel Stanner, and John Fitzgerald, and TDR associate Uri Abt successfully represented a minority owner of a Delaware Limited Liability Company. The controlling members planned to sell the assets of the company and then to file for Chapter 11 bankruptcy. The controlling members scheduled a shareholder meeting to approve that transaction. […]
In Byer Clinic and Chiropractic Ltd. v. Kapraun, 2016 Il App (1st) 143733, a divided panel of the Illinois appellate court considered the class representative adequacy requirement under Illinois law in the context of a TCPA suit. A TCPA class action was similarly the backdrop for the Seventh Circuit’s consideration of the class counsel adequacy […]