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Dominion Nutrition v. Defendant Corporate Officer

Northern District of Illinois (Judge Posner)12/01/2006


Defendant Raymond Cesca


Judgment in Favor of Defendant Commercial Client

After a week of trial before Judge Richard Posner, sitting by designation in the Northern District of Illinois, a verdict was returned in favor of the firm’s commercial client represented by DBMS. This interesting case involved allegations of breach of fiduciary duty, interference with a business relationship, seizure of a corporate opportunity, and breach of contract. The case had begun as a jury trial and immediately before closing arguments, because of some perceived juror misconduct, the jury was discharged and the case concluded as a bench trial before Judge Posner. The plaintiff sought $20 million dollars in damages. In a 24-page written opinion, Judge Posner found that the plaintiff had failed to prove any of the allegations and entered judgment in favor of the defendant on all claims.

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