MUELLER INDUSTRIES, INC. v. BERKMAN

No. 2-09-0134.

927 N.E.2d 794 (2010)

MUELLER INDUSTRIES, INC., and B and K Industries, Inc., Plaintiffs and Counterdefendants-Appellees, v. Peter D. BERKMAN and Jeffrey A. Berkman, Defendants and Counterplaintiffs-Appellants (William O'Hagan, Greg Christopher, Robert Hodes, Nicholas Moss, Harvey L. Karp, Alexander P. Federbush, Gennaro J. Fulvio, Gary S. Gladstein, and Terry Hermanson, Counterdefendants-Appellees; Homewerks Worldwide LLC, Counterplaintiff).

Appellate Court of Illinois, Second District.

Rehearing Denied April 27, 2010.


Attorney(s) appearing for the Case

Jeffrey L. William, and Donna M. Welch, Kirkland & Ellis, LLP, Chicago, IL; Travis J. Quick, Kirkland & Ellis, LLP, Chicago, IL; James H. Knippen, Walsh, Knippen, Knight & Pollock, Chtd., Wheaton, IL, for Peter D. Berkman.

Anthony J. Ashley, Frederic T. Knape, Vedder, Price, Kaufman & Kammholz, P.C., Chicago, IL; Francis J. Menton Jr., James C. Dugan, Paul W. Horan, Jesenia M. Ruiz De La Torre, Willkie Farr & Gallagher LLP, New York, NY, for B & K Industries, Inc., Mueller Industries, Inc.


Justice SCHOSTOK delivered the opinion of the court:

Peter Berkman, the former president of B & K Industries, Inc., was sued by B & K and its parent company, Mueller Industries, Inc. (collectively, Mueller), for breach of contract and breach of fiduciary duty relating to the formation of a competing company and to bribes and kickbacks that Berkman allegedly received from one of Mueller's primary suppliers. In response to Mueller's discovery requests for the...

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