Appellate Court of Illinois

In an action for breach of contract, professional malpractice, common-law fraud, and consumer fraud under the Consumer Fraud Act, an order confirming the arbitration award and denying plaintiff-TruServ's petition to vacate that portion of the award requiring it to pay attorney fees and costs incurred by defendant-Ernst & Young is reversed and remanded where; 1) the circuit court correctly refused to vacate the fee award; 2) the arbitration award does not reflect a gross mistake of law and is not subject to vacatur based on the inclusion of costs for general litigation expenses; and 3) there no abuse of discretion where plaintiff has not shown clear evidence of impropriety or of any other fundamental defect in the arbitration proceeding that the requested discovery would substantiate.

Appellate Information

• Decided 08/28/2007
• Published 08/30/2007

Judges

Court

• Appellate Court of Illinois

Counsel