News
Elvis D. Gonzalez recently obtained dismissal with prejudice of a Counterclaim brought against his client arising out of an alleged promise to keep a supplier "busy forever."
The case began when Mr. Gonzalez brought suit on behalf of an Illinois health and beauty company to secure the return of injection molds, and to recover damages for defective containers purchased from an out of state supplier. The defendant first argued that Illinois courts lacked jurisdiction over it because it had no connections to Illinois. After Mr. Gonzalez defeated this motion, the supplier attempted to gain leverage in the dispute by asserting a Counterclaim. It claimed that it had purchased numerous machines in reliance on an alleged promise by Mr. Gonzalez's client to keep it "busy forever." It sought to offset the considerable amounts paid for these machines against the damages sought for its defective containers.
Mr. Gonzalez argued that any such promise, even if made, was not legally enforceable because it was too vague and uncertain. The Court agreed, and granted a motion to dismiss with prejudice. Shortly thereafter, the parties began settlement discussions on significantly more favorable terms.
About Elvis Gonzalez, Ltd.
Elvis Gonzalez, Ltd. is based in Chicago, Illinois, and provides quality litigation and general business counseling services to clients in a highly personalized, cost-effective manner. Its principal, Elvis D. Gonzalez, works with businesses and organizations of all types to solve the legal challenges they face, and more importantly, to avoid them in the first instance. For more information, please visit www.elvisgonzalezltd.com.
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