Tabet DiVito & Rothstein helped secure a dismissal of all claims in a consumer fraud action in the Southern District of Illinois. Vineyard v. La Terra Fina USA, LLC is a putative class action in which the plaintiff alleged that a product distributor’s line of snack dips falsely claimed to contain “no artificial preservatives” when […]
Tabet DiVito & Rothstein is proud to announce that 12 of its attorney have been selected as 2023 Illinois Super Lawyers and Rising Stars. Congratulations to all of them for attaining this high-degree of peer recognition and professional achievement. 2023 Super Lawyers Gino L. DiVito John M. Fitzgerald Brian C. Haussmann Mark H. Horwitch Timothy […]
On June 3, 2022, the United States District Court for the Southern District of Illinois issued an opinion granting TDR’s motion to dismiss and dismissing a putative consumer fraud class action with prejudice. In the underlying lawsuit, the plaintiff alleged that numerous air conditioning models sold by TDR’s client contained a common design defect that […]
Tabet DiVito & Rothstein is proud to announce that partners Christopher Liguori and Amanda Catalano and associate Jake Berger received the 2022 Excellence in Pro Bono and Public Interest Service Award from the U.S. District Court for the Northern District of Illinois. Chris, Amanda, and Jake were honored for their work representing an inmate at Stateville […]
On April 21, TDR attorneys John Fitzgerald, Gino L. DiVito, Amanda Catalano, and Jonathan Kim won an impressive victory in the Illinois Supreme Court for the Illinois Road and Transportation Builders Association, and a coalition of other associations representing the transportation infrastructure construction and design industry, in litigation to enforce the Safe Roads Amendment to the […]
On March 28, 2022, the United States Court of Appeals for the Seventh Circuit issued an opinion affirming the district court’s order dismissing a breach-of-contract claim filed against the firm’s clients. In the underlying lawsuit, the plaintiff alleged that our clients had defaulted on a multi-million dollar promissory note and personal guaranty executed in connection […]
TDR partner Michael J. Grant and associate Amanda N. Catalano obtained summary judgment on claims of tortious interference with a contract and unjust enrichment asserted against TDR’s client, a large real estate company. The case concerned a dispute between real estate brokers over sale commissions associated with the rental of a large commercial property. The court found that the […]
In this Law360 article, TDR Attorneys Brian Haussmann, Amanda Catalano, Amie Bauer, and Jonathan Kim analyze the key considerations for commercial tenants withholding rent. The article emphasizes how important it is for businesses and their advisors to understand the rights of commercial tenants and landlords, particularly whether and when a commercial tenant may withhold rent to offset losses cause by a […]
Once again, about 2/3 of TDR Attorneys have been named as either Super Lawyers or Rising Stars by Super Lawyers Magazine and ThomsonReuters. Super Lawyers recognizes attorneys who have distinguished themselves in their legal practice. Special recognition goes to Mark Horwitch who has been named a Super Lawyer for the 10th time. He joins Gino DiVito, John […]
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 […]
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 […]
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) […]
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 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 […]
Do statutory confidentiality provisions mandate that information designated “confidential” is also non-discoverable? No, the Illinois Supreme Court recently held in Klaine v. Southern Illinois Hospital Services, 2016 IL 118217. Rather, “the confidential nature of information does not prevent it from being discoverable unless the plain language of the statute so provides.” The Supreme Court’s ruling […]
A federal district judge recently answered a question still open in the Seventh Circuit, and that has split the other circuits: whether a plaintiff seeking compensatory damages under the Americans with Disabilities Act and/or the Rehabilitation Act is required to show discriminatory animus to prevail, or whether mere deliberate indifference suffices. Judge Jorge Alonso of […]