Public safety officer cleared of defamation claim
Chicago Law Bulletin - November 8, 2016 DiTommaso ♦ Lubin successfully defended its client, a community college public safety officer, against a claim of defamation brought by a former co-worker. The plaintiff alleged that she had been defamed when the former co-worker superimposed a picture of her onto a flier advertising a seminar about dealing with problem employees. DiTommaso ♦ Lubin argued that the flier was not defamatory because it could be innocently construed as having a nondefamatory meaning. A federal judge agreed and dismissed the claim.
Former COD controller wins bid for unemployment benefits
Daily Herald - April 29, 2016 DiTommaso ♦ Lubin successfully defended former College of DuPage controller, Lynn Sapyta, against claims that she is not entitled to unemployment benefits because she engaged in misconduct. Following a hearing before an administrative law judge, the judge found in favor of Sapyta ruling that she is entitled to unemployment benefits. The judge expressly rejected COD's arguments that Sapyta engaged in misconduct instead finding that her work performance was acceptable and that she followed existing accounting practices and used what she believed to be best practices for her job.
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Class certified in Yahoo TCPA case
Reuters - January 4, 2016 A federal judge has certified a nationwide class of consumers who received text messages from Yahoo! allegedly in violation of the Telephone Consumer Protection Act of 1991 (TCPA). The class could consist of as many as 500,000 individuals.
College of DuPage controller/assistant VP of financial affairs in board of trustee's crosshairs
Daily Herald - September 9, 2015 DiTommaso ♦ Lubin has been retained to represent embattled College of DuPage controller and assistant vice president of financial affairs, Lynn Saptya, in pre and post-termination administrative proceedings before the COD board of trustees. Despite receiving numerous accolades during her tenure and having an employment contract running through June 2017, COD has terminated Saptya in what has been described as a political firing following the election of three new board members and the installment of a new chairwoman who has long been critical of Saptya.
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Hollister class certification affirmed on appeal
Courthouse News Service - June 1, 2015 A New Jersey appellate court has affirmed certification of a nationwide class in a lawsuit filed by DiTommaso ♦ Lubin against Hollister relating to a 2009 holiday gift card promotion. According to the lawsuit, Hollister promised $25 gift cards to customers who purchased $75 worth of merchandise but then voided all the gift cards on January 30, 2010, despite the fact that some of the gift cards had the words "no expiration date" printed on the back of them. The appellate court rejected Hollister's argument that the class should not have been certified because members of the class could not be ascertained.
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Four DiTommaso ♦ Lubin attorneys named 2015 Illinois Super Lawyers and Rising Stars
Super Lawyers - January 12, 2015 Four DiTommaso ♦ Lubin attorneys have been selected as 2015 Illinois Super Lawyers and Rising Stars. Super Lawyers distinguishes the 5% of attorneys in each state in more than 70 practice areas recognizing those attorneys who have attained a high degree of professional achievement and peer recognition for excellence. Rising Stars are selected among those attorneys under 40 or who have been practicing for less than 10 years. Each year no more than 2.5% of attorneys in a state are selected as Rising Stars. The annual selections are made using a patented multiphase process that includes a statewide survey of lawyers, an independent research evaluation of candidates, and peer reviews by practice area.
This year, founding partners, Vincent L. DiTommaso and Peter S. Lubin, have once again been named Super Lawyers in the areas of business litigation, class action, and consumer rights. Patrick D. Austermuehle and Andrew C. Murphy have been selected as Rising Stars.
The Super Lawyers lists are published nationwide in Super Lawyers Magazines and in leading city and regional magazines and newspapers across the country. Look for these attorneys' names and profiles in the Illinois Super Lawyers Magazine and in Chicago magazine.
Scope of license at issue in font lawsuit
Cook County Record - September 26, 2014 DiTommaso ♦ Lubin recently filed a breach of contract lawsuit on behalf of font software giant Berthold Types against Scripps Networks Interactive, a media company whose brands include HGTV, Food Network, DIY Network, Cooking Channel, Travel Channel, and Great American Country. According to the complaint, Scripps Networks Interactive allegedly used font software licensed from Berthold in violation of the license agreement.
Not cool, Harley! class action lawsuit over alleged coolant leak
National Law Journal - September 3, 2014 DiTommaso ♦ Lubin recently filed a class action lawsuit on behalf of consumers who purchased certain Harley Davidson motorcycles that allegedly suffer from a coolant leak. This coolant leak, the complaint alleges, constitutes a breach of warranty entitling purchasers to damages.
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Consumer sues bar claiming unauthorized charges and forged signature
Chicago Sun-Times - August 9, 2013 When consumers visit bars, they expect to only be charged for the purchases they authorize and sign for. DiTommaso ♦ Lubin recently filed a lawsuit on behalf of one consumer who alleges that a Chicago bar charged his credit card more for than $3,700 of unauthorized purchases and gratuities and forged his signature on the credit card receipts.
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Class action lawsuit filed over sale of Taylor Capital Group
Chicago Tribune - July 30, 2013 When Chicago-based MB Financial agreed to buy Taylor Capital Group not all of Taylor's shareholders were happy. A class action lawsuit filed by DiTommaso ♦ Lubin on behalf of Taylor's shareholders alleges that Taylor and its board of directors breached their fiduciary duties by agreeing to a sale that undervalues the company and shortchanges shareholders.
Consumer succeeds in defamation lawsuit brought against him by used car dealership for internet reviews
Today's TMJ 4 - July 12, 2013 When David Bates posted negative reviews online about a used car dealership, he never guessed it would land him in court. DiTommaso ♦ Lubin successfully defended Mr. Bates in a defamation lawsuit brought against him by the used car dealership by arguing that the negative reviews were protected by the First Amendment.
Notice goes out in class action suit against Abercrombie & Fitch
PRWeb - May 24, 2013 Notice has gone out to notify members of the nationwide class of the pending lawsuit against Abercrombie & Fitch. More information and important documents can be found on the class notice website www.abercrombieclassaction.com.
Grant's class action lawsuit settles
Daily Herald - February 12, 2013 A settlement has been reached in a class action lawsuit filed against Grant's Appliances and other Grant stores relating to a rebate program. As a result of the nearly $600,000 settlement, approximately 7,000 class members will receive checks later this year.
Lawsuit claims hair treatment a scam
Chicago Sun Times - August 5, 2009 When laser therapy, scalp messages and dietary supplements didn't work, two clients of Deerfield-based Natural Hair Growth Institute sought refunds.
Profile of Judge Abraham
DCBA Brief It was no surprise to Ken Abraham when the Strong Interests test he took while at Morton West High School showed he would like practicing law. From the time he was twelve years old and watching television series like "The Defenders" and "Judd for the Defense", he had known that he wanted to be a lawyer. After high school, he went on to the University of Illinois at Champaign where he majored in Political Science.
Vincent DiTommaso profile
FRA NOI - October 2008 As a result of Vincent L. DiTommaso's talent as a lawyer and his hard work in a particular class-action lawsuit, the Chicago-Kent Law School was awarded a $100,000 cy pres award. "Cy pres, which can be described as a form of court-sanctioned philanthropy, is often involved in class-action judgements when it's not feasible to disperse the settlement funds to the plaintiffs," DiTommaso explains. "Cy pres really is a win-win situation, because not only is the 'bad act' that was the subject of the lawsuit rectified, but the settlement is dispersed to organizations that advance the public good and/or protect consumers."
Nationwide class certified in lawsuit against Abercrombie & Fitch
A Judge has certified a nationwide class in a consumer fraud class action filed by DiTommaso ♦ Lubin on behalf of consumers who received gift cards at Abercrombie stores as part of a 2009 holiday promotion. Abercrombie petitioned to decertify the class but the Seventh Circuit sided with DiTommaso ♦ Lubin and denied Abercrombie’s petition. This case has been covered extensively in a number of blogs.