TDR Partner Brian Haussmann, on behalf of The United States Conference of Mayors, filed a brief in the Seventh Circuit on April 20, 2020. The brief argues that the Court should affirm a lower court ruling allowing so-called “Sanctuary Cities” to receive needed federal public-safety funds. The brief also argues that the Conference, as an association, has […]
In the medical malpractice case of Crim v. Dietrich, 2020 IL 124318 (issued on April 2, 2020), plaintiffs, the mother and father of the injured newborn baby, alleged that defendant, the doctor who delivered the baby: (1) failed to obtain the mother’s informed consent to perform a natural birth rather than a Caesarean section, despite […]
On April 16, 2020, the Illinois Supreme Court signaled that traditional notions of gambling are changing and that Illinois law must evolve to embrace those changes. The Court reached its decision in Colin Dew-Becker v. Andrew Wu, 2020 IL 124472 (2020). The Court’s decision involves the "daily fantasy sports" website, FanDuel.com. On websites like FanDuel, […]
For companies struggling with the loss of business caused by the COVID-19 crisis, insurance coverage can mean the difference between survival and extinction. While many companies had the foresight to buy pandemic or even business interruption insurance before this crisis, some have not, and they are left to consider whether property or even commercial general […]
Illinois policyholders are likely covered under their insurance policies for a complaint alleging a violation of the Illinois Biometric Information Privacy Act (the "Biometric Act") (740 ILCS 14/1 et seq.). In West Bend Mut. Ins. Co. v. Krishna Schaumburg Tan, Inc., the Illinois Appellate Court affirmed a grant of summary judgment in favor of a […]
New Partner Expands TDR’s Intellectual Property Practice Tabet DiVito & Rothstein LLC is proud to announce that highly accomplished trial attorney Brad Lyerla has joined the firm as a Partner. Brad is a nationally recognized trial attorney in the field of intellectual property and unfair competition. In addition to representing clients such as Amazon and […]
Illinois Rule of Evidence 705, which is substantially identical to its federal counterpart, reads as follows: The expert may testify in terms of opinion or inference and give reasons therefor without first testifying to the underlying facts or data, unless the court requires otherwise. The expert may in any event be required to disclose the […]
Shareholders in an Illinois corporation have a statutory right to examine the corporation’s books and records. See 805 ILCS 5/7.75. Minority shareholder oppression claims frequently include allegations that the corporation has violated a shareholder’s right to examine the books and records, often with the added allegation that the books and records are being withheld to […]
In their ongoing efforts to keep the largest gravy train in modern legal history rolling, plaintiffs’ lawyers are working hard to find more companies to hit with spurious violations of the Telephone Consumer Protection Act ("TCPA") by grafting thirty-year-old language on to twenty-first century technology. Now, the Seventh Circuit Court of Appeals has joined a […]
The Illinois State Bar Association has just published TDR partner John Fitzgerald’s Guide to the Illinois Biometric Information Privacy Act. The Guide is available in both hard copy and electronic formats. The Guide is the first published book about the Illinois Biometric Information Privacy Act and the rapidly developing case law interpreting it. It contains […]
On Monday February 24, my colleague Amie Bauer posted an article on the purpose of Supreme Court Rule 213(f) as gleaned from ESP Global, LLC v Northwest Community Hospital, 2020 IL App (1st) 182023. That same case also provides important lessons for parties wishing to engage in services agreements that contemplate multiple phases, and for […]
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 […]
Lawyers are almost always happy to accept a voluntary dismissal of claims against their client. However, such a dismissal can create a trap for the unwary. In particular, a tort defendant might lose the ability to bring contribution claims against others if the plaintiff later re-files the action. Fortunately, there are steps counsel can take […]
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 […]
TDR partner John Fitzgerald was quoted in a news story by Law360 concerning Facebook’s $550 million settlement of class action litigation under the Illinois Biometric Information Privacy Act. As Fitzgerald explained in the Law360 article, “This settlement shows that BIPA not only has teeth, but that those teeth are extremely sharp.” See Allison Grande, BIPA Bares Its […]
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 […]