Appellate Court of Illinois

In an action seeking to compel profit distributions from the defendant, summary judgment for counterplaintiffs on the issue of plaintiff's liability for contribution to payments and an award for attorney fees pursuant to a fee shifting provision of the indemnity and contribution agreement between the parties for plaintiff are affirmed in part and remanded in part where: 1) counterplaintiffs may not rely on equitable estoppel in order to argue that plaintiff cannot raise other grounds in litigation; 2) the law of the case argument had been waived because it was not previously raised; 3) the corporate payments advanced cannot trigger a right of contribution on behalf of the counterplainiffs; and 4) award for attorneys fees is reversed and remanded for further consideration since fee determinations in complex cases should only be made after careful weighing of all the pertinent evidence.

Appellate Information

• Decided 06/08/2007
• Published 06/08/2007

Judges

• Justice JOSEPH GORDON delivered the opinion of the court:

Court

• Appellate Court of Illinois

Counsel

• For Appellant:
  
• Kenneth L. Gillis, Leon Zelechowski, Chicago, for Appellants.


• For Appellees:
  
• Tabet DiVito & Rothstein, LLC, Chicago (Gino L. DiVito, Karina DeHayes, Michael Grant, of counsel), for Appellee.