Tabet DiVito & Rothstein client March For Our Lives Foundation (MFOL), a youth-led nonprofit organization dedicated to addressing the nation’s gun violence epidemic, recently sought leave to appear as amicus curiae in support of the City of Highland Park’s effort to defend the constitutionality of its assault weapon and high-capacity magazine ban in federal court. […]
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 […]
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 […]
On January 14, 2020, the United States Supreme Court heard argument in Romag Fasteners, Inc. v. Fossil, Inc., 18-1233, a case involving a trademark dispute under the Lanham Act, 15 U.S.C. § 1117. At issue is whether a plaintiff can recover profits for a violation of Section 1125(a) of the Act (false designation of origin […]
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 […]
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 […]
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 […]
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 […]
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.
Counter-Intuitive Considerations for Plaintiffs, Defendants Considering FLSA Class Discovery TDR attorney Jordan Wilkow authored an article in the February 10 edition of the Chicago Daily Law Bulletin (subscription may be required). The article, “Defendants, Plaintiffs Should Tread Lightly During Class Discovery in FLSA Actions,” examined a development in the law underlying conditional class certification under […]
A court has, for the first time, passed on employer liability under the Illinois Military Leave of Absence Act (“IMLOAA”), 5 ILCS 325/1. See Bello v. Village of Skokie, No. 14 C 1718, 2015 WL 9582986, at *14 (N.D.Ill. Dec. 31, 2015). On the face of it, the Act’s requirements are straightforward. First, a public […]
Bello v. Village of Skokie, No. 14 C 1718, 2014 WL 4344391, at *8-9 (N.D.Ill. Sept. 2, 2014) and 2015 WL 9582986, at *12 (N.D.Ill. Dec. 31, 2015) are the latest decisions out of the Northern District of Illinois to weigh in on an open question over individual liability under the Illinois Whistleblower Act (“IWA”), […]