Magistrate Judge James C. Francis IV of the Southern District of New York recently granted, in part, a motion for sanctions that raised “significant issues concerning the reach of newly amended Rule 37(e) of the Federal Rules of Civil Procedure, the standard of proof governing spoliation, and the relief appropriate for destruction of electronically stored […]
In their regular column in the the Chicago Daily Law Bulletin, “The Bottom Line,” John M. Fitzgerald and Uri Abt discuss a recent a Illinois appellate court opinion that answered two certified questions about Illinois’ relation back rule in light of the United States Supreme Court’s decision in Krupski v. Costa Crociere S.p.A., 560 U.S. […]
Although not directly related to any codified evidence rule, it is important to be aware of three appellate court split decisions in the Third District resulting in intradistrict conflicts about the propriety of playing a video—at the request of the jury after jury deliberations had begun—in the courtroom in the presence of the jury, the […]
The recent case of Sturgill v. Santander Consumer USA, Inc., 2016 IL App (5th) 140380, demonstrates that while most motions to compel arbitration pursuant to a written contract will be determined based only upon the allegations of the plaintiffs complaint and the language of the contractual arbitration clause, there are times when more information is […]
Judge Dow of the Northern District of Illinois recently denied a motion to strike a jury demand for trademark-related claims after holding that plaintiffs who claim an infringer’s profits as a proxy for damages have a constitutional right to a jury trial. The subsequent trial resulted in a $54 million verdict in favor of the […]
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”), […]
In Stevens v. McGuireWoods LLP, 2015 IL 118652 (Thomas, J.), the Illinois Supreme Court was called upon to decide whether former minority members of an LLC could bring a legal malpractice action against the LLC’s litigation law firm for allegedly failing to timely file a derivative action against the company’s former corporate law firm. In […]
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 […]
In Barrett v. Illinois Department of Corrections (opinion issued Oct. 20, 2015), the U.S. Court of Appeals for the Seventh Circuit decided an important issue of first impression within this circuit: When does an FMLA claim based upon a wrongful denial of family and medical leave accrue? Deeming out-of-circuit authority to be “thinly reasoned” and […]
Once again, SuperLawyers® Magazine has recognized nearly three-fourths of TDR partners for their high-degree of peer recognition and professional achievement. Congratulations to: SuperLawyersKarina Zabicki DeHayesGino L. DiVitoMark H. HorwitchTimothy A. HudsonChristopher D. Liguori *Michael I RothsteinCaesar A. Tabet Rising StarsJohn M. Fitzgerald *Brian C. HaussmannDaniel I. Konieczny * – First time honoree in this category […]
The Illinois Supreme Court has appointed Michael Rothstein to a second three-year term on the Supreme Court Rules Committee. The Rules Committee develops and reviews proposals regarding Illinois court rules and rules governing attorney professional responsibility. Mr. Rothstein has served on the Rules Committee since January 1, 2013. His new term runs through December 31, […]
Administrative Remedies Must Be Exhausted Before Filing Claim TDR attorneys Uri B. Abt and John Fitzgerald co-authored a column in the October 21st (subscription may be required) edition of the Chicago Daily Law Bulletin. The column, “Federal Act Should Have Put End to Claim Quickly,” examined a recent Illinois Appellate Court decision on a matter […]
Supplement to Chicago Daily Law Bulletin and Chicago Lawyer TDR partner John Fitzgerald was named as one of the top 40 lawyers under forty years of age in Illinois. Clients and professional colleagues nominated Mr. Fitzgerald for the honor. More than 1,200 lawyers were nominated for the award. Mr. Fitzgerald was recognized for, among other […]
TDR Partner John Fitzgerald was interviewed by reporter Andrew Maloney of the Chicago Daily Law Bulletin for its article on September 8th (subscription required) about the Illinois Supreme Court’s upcoming term. Fitzgerald, whose practice is focused primarily on appeals and commercial litigation, commented on the implications of the Illinois Supreme Courts eventual ruling in Price […]
On May 28, 2015, Cook County Circuit Court Judge Thomas R. Mulroy granted a motion to dismiss that TDR filed on behalf of a Michigan-based signage company. The motion was based on a broad forum selection clause contained in a license agreement between the parties. This clause mandated Michigan courts as the exclusive jurisdiction for […]
Unanimous Opinion Strikes Down Pension Law In a unanimous opinion, the Illinois Supreme Court affirmed a lower court ruling that a 2013 pension reform law is unconstitutional. TDR represented a group of retired teachers in successfully challenging the law. TDR Founding Member Gino DiVito, who argued the case before the Court, said, “We are delighted that today’s […]
Michael Rothstein recently commented on judicial vacancies in the Seventh Circuit Court of Appeals in an article in the Chicago Daily Law Bulletin.
“Pension Legislation is Unconstitutional” On March 11, 2015, TDR Founding Partner Gino DiVito argued before the Illinois Supreme Court in Heaton v. Quinn, a landmark case in which the Court will decide whether pension reduction legislation enacted in 2013 is unconstitutional. TDR, representing retired teachers and both active and retired school administrators in the pension […]
Karina DeHayes and Mark Horwitch Receive Special Recognition SuperLawyers® Magazine has recognized nearly three-fourths of TDR partners and one associate for their high-degree of peer recognition and professional achievement. In addition, Karina DeHayes was named one of the Top 50 Women Lawyers and Mark Horwitch was named one of the Top 100 Illinois Lawyers. Congratulations to: SuperLawyers […]
On January 8, 2015, the United States Court of Appeals for the Seventh Circuit affirmed in its entirety the district courts Order dismissing with prejudice all copyright infringement and other federal claims in connection with a lawsuit filed against a U.S. recording company in the United States District Court for the Northern District of Illinois. […]
TDR won an important appellate victory in the Illinois Appellate Court for its client BorgWarner Inc. The appellate court’s opinion affirms the circuit court’s decision that BorgWarner was entitled to receive certain documents from its indemnitees notwithstanding their claim that the attorney-client privilege blocked disclosure. The December 9th edition of the Chicago Daily Law Bulletin […]
On November 21, 2014, Sangamon County Circuit Court Judge John Belz issued an order (linked) finding Public Act 98-0599, a pension reduction law that was enacted in December 2013, unconstitutional and void in its entirety. Working with attorneys representing various other plaintiff groups, TDR partners Gino L. DiVito, John M. Fitzgerald, Brian C. Haussmann, and […]