United States Seventh Circuit

In a suit alleging breach of contract against a provider of annuities after the defendant limited the number of transfers the plaintiff could make between its purchase account and a mutual fund, judgment for plaintiff is affirmed as to liability, but reversed where the damages claimed were speculative. However, award of damages in the amount of a surrender fee defendant charged plaintiff to recover the funds in its account after the breaching limit was imposed is affirmed.

Appellate Information

• Argued 11/01/2007
• Decided 02/20/2008
• Published 02/20/2008

Judges

• POSNER, Circuit Judge., Before POSNER, WOOD, and SYKES, Circuit Judges.

Court

• United States Seventh Circuit

Counsel

• For Appellees:
  
• Charles S. Bergen, Grippo & Elden, Chicago, IL, for Plaintiffs-Appellees/Cross-Appellants., Alan S. Gilbert, Sonnenschein, Nath & Rosenthal, Chicago, IL, for Defendant-Appellant/Cross-Appellee.