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Commercial Litigation

Loughery v. Defendant Truck Manufacturer

Circuit Court of DuPage County, Illinois (Elsner)07/01/2007


Defendant Truck Manufacturer


Summary Judgment Granted in Favor of Defendant

The plaintiff claimed breach of an employment contract and a right of first refusal to purchase a leading truck manufacturer's dealership should the dealership ever be sold to a third-party. Plaintiff was the general manager of the facility and alleged he was frozen out of any deals. After taking over twenty depositions, defense filed a motion for summary judgment based on the fact that the contract, and specifically the right of first refusal was unenforceable because it was too vague as it failed to provide a method to determine price. Defense also argued that plaintiff never attempted to assert his rights. Plaintiff was seeking $11 million in damages and refused to negotiate in advance of the Court's ruling. Judge Elsner of DuPage County granted summary judgment in favor of the defendant on all counts. The matter is currently on appeal in the Second District Appellate Court.

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