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Illinois appellate court upholds summary judgment in favor of Novack and Macey client Dorna USA

 09-26-2005
In a unanimous opinion, the Appellate Court of Illinois, First Judicial District has upheldCook County Circuit Court Judge James F. Henry’s entry of summary judgment in favor of Novackand Macey, LLP client Dorna USA on a breach of contract claim brought against Dorna by GenuineParts Company (d/b/a NAPA). The Appellate Court’s ruling brought to an end six years oflitigation between Dorna, a leading provider of stadium and arena advertising opportunities, andGenuine Parts, a prominent auto parts retailer.Genuine Parts had alleged that Dorna breached a contractual obligation to provide certainadvertising opportunities at the United Center in Chicago during Chicago Bulls’ 1996-97 homebasketball games. Dorna argued in response that even if it had breached the alleged contract,Genuine Parts had suffered no legally compensable actual damages -- a necessary element of anybreach of contract claim -- and hence could not prevail on its complaint against Dorna. Judge Henryagreed with Dorna, and entered summary judgment in its favor. Genuine Parts appealed, and in anOrder entered on September 26, 2005 (which became final on October 26, 2005), the AppellateCourt upheld the Circuit Court’s summary judgment, finding that Genuine Parts had failed toprovide any competent evidence demonstrating that it had incurred legally compensable damagesby reason of Dorna’s alleged breach of contract.Novack and Macey partner Michael A. Weinberg successfully represented Dorna USAbefore both the Circuit Court and the Appellate Court

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