Appellate Court of Illinois

Order denying a motion for restitution for plaintiff-appellant in costs it paid defending defendant-appellee in two underlying federal claims is affirmed in part, reversed in part and remanded where: 1) the court did not err in denying restitution since it could not enter summary judgment on a theory of recovery not plead in the complaint; 2) the court erred in denying plaintiff's motion to amend its complaint to include a claim of unjust enrichment.

Appellate Information

• Decided 05/22/2007
• Published 05/22/2007

Judges

• Justice HOFFMAN delivered the opinion of the court:

Court

• Appellate Court of Illinois

Counsel

• For Appellant:
  
• Meckler Bulger & Tilson LLP, Chicago (Philip R. King & Brent J. Graber, of counsel), for Appellant.


• For Appellees:
  
• Foley & Lardner LLP, Chicago (Frank E. Pasquesi, Robert H. Griffith & James F. Cirincione, of counsel), for Appellees.