United States Seventh Circuit

In a suit by a manufacturers' sales representative, alleging that defendant failed to pay it commissions on a sales agreement with a third party retailer, summary judgment for defendants is affirmed in part and reversed in part where: 1) under the plain language of the parties' contract, defendant was required to pay commissions on sales to approved accounts, even where plaintiff did not actually effectuate those sales; 2) the question of which accounts in dispute were "approved" accounts was factual; and 3) no triable issue of fact remained as to whether plaintiff was entitled to further post-termination commissions.

Appellate Information

• Decided 12/09/2008
• Published 12/09/2008

Judges

• CUDAHY, Circuit Judge., Before CUDAHY, FLAUM and ROVNER, Circuit Judges.

Court

• United States Seventh Circuit

Counsel

• For Appellant:
  
• Peter V. Baugher, Jason M. Rosenthal (argued), Schopf & Weiss, Chicago, IL, for Plaintiff-Appellant.


• For Appellees:
  
• Robert E. Shapiro (argued), Barack, Ferrazzano, Kirschbaum & Nagelberg, Chicago, IL, for Defendant-Appellee.