Cambridge Engineering, Inc. v. Mercury Partners 90 BI, Inc.

              SIXTH DIVISION
December 7, 2007
No. 1-06-0798
CAMBRIDGE ENGINEERING, INC., ) Appeal from the
) Circuit Court of
Plaintiff-Appellant, ) Cook County, Illinois.
)
)
) No. 01 L 14713
v. )
)
MERCURY PARTNERS 90 BI, INC., ) Honorable
d/b/a Brucker Company, ) Stuart A. Nudelman
) Judge Presiding.
Defendant-Appellee. )
JUSTICE JOSEPH GORDON delivered the opinion of the court:
This is a suit for attorney fees and punitive damages incurred in seeking legal enforcement
of a contractual covenant not to compete. In a prior action filed in Missouri in 2001, plaintiff-appellant,
Cambridge Engineering, Inc. (Cambridge), prevailed in a suit to enjoin former
employee Gregory Deger from engaging in certain sales-related activities for his new employer,
Mercury Partners 90 BI, Inc., d/b/a Brucker Company (Brucker). Thereupon, Cambridge filed
the instant lawsuit against the employer Brucker, seeking compensatory and punitive damages
against Brucker for tortious interference with contract; those damages included recovery of the
fees it expended in the Missouri injunction action against Deger. Prior to trial, the parties
stipulated to limit the claim for compensatory damages solely to attorney fees, but let the action
for punitive damages stand. The trial court directed a verdict against Cambridge on its claim for
punitive damages, and it entered judgment notwithstanding the verdict (judgment n.o.v.) against