Share: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 […]
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: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 […]
Share: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 […]
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: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 […]
Share: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 […]
Share: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 […]
Share: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 […]
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: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 […]
Share: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 […]
Share: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. […]
Share: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 […]
Share:TCPA Class Actions Provide Backdrop for Illinois Courts’ Struggle with the Adequacy Requirement for Both Counsel and Plaintiff TDR attorney Jordan Wilkow authored an article in the June 30 edition of the Chicago Daily Law Bulletin. The article examines conflicting views among Illinois state and federal courts regarding the severity of the adequacy requirement in […]
Share:Meredith Martin “Mimi” Addy, a partner at Tabet DiVito & Rothstein LLC and an accomplished intellectual property litigator, has been named one of the “Top 250 Women in Litigation” for 2016 by Benchmark Litigation. Addy has two decades of experience in complex litigation, including numerous trials in cases in federal district court, at the U.S. […]
Share:There seems to be an increase in judicial decisions addressing a litigant’s right, if any, to use the court system without disclosing his or her name. Perhaps this trend is inspired by people’s experience on the Internet, where one may interact with others, express opinions, and engage in all manner of transactions without unmasking oneself. […]
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 Seventh Circuit recently answered an important question about when suits under the Copyright Act accrue for purposes of its three-year statute of limitations. See 17 U.S.C. § 507(b). In Consumer Health Information Corp. v. Amylin Pharmaceuticals, Inc., No. 14-3231, 2016 WL 1534013 (7th Cir. April 15, 2016), the Court of Appeals held that the […]
Share:New Partner Deepens TDR’s Intellectual Property Practice Tabet DiVito & Rothstein LLC is proud to announce that highly accomplished patent litigator Meredith “Mimi” Addy is joining the firm as a Partner. Addy deepens our intellectual property practice and strengthens our existing team of highly skilled trial and appellate lawyers. She has two decades of experience […]
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:As a general rule, the Illinois appellate court only has jurisdiction to review final judgments. Ill. Sup. Ct. R. 303(a). When there are multiple claims and parties, and there has been a final judgment as to one or more but fewer than all of them, the appellate court has jurisdiction to review that judgment if […]
Share:Although it left the issue undecided, the Seventh Circuit recently noted that the 2008 amendments to the Americans with Disabilities Act may have altered its causation standard. The case, Arroyo v. Volvo Group North America LLC, No. 14-3618, 2015 WL 5846595 (Oct. 6, 2015), was discussed by John M. Fitzgerald and Uri Abt in “The Bottom […]
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.