Trial Court’s Denial of Permanent Injunctive Relief for Irreparable Harm Is Upheld

BVLaw
Court Case Digests
January 18, 2022
5812 Eating and Drinking Places
722513 Limited-Service Restaurants
economic damages & lost profits, contract
damages, breach of contract, buyout, operating agreement

Bougie v. Garth-Niggeman
2022 IL App (2d) 210250-U; 2022 Ill. App. Unpub. LEXIS 37
United States
State Court
Illinois
Appellate Court
Brennan, McClaren, Jorgensen

Summary

The case originated at trial court on issues of the buyout of a deceased member’s interest in an LLC restaurant. Among the issues was the use of the LLC’s recipes by the acquirer of the deceased’s interest in violation of the operating agreement. The two remaining LLC members claimed the use of the LLC’s recipes in other restaurants irreparably harmed them. However, the remaining members did not seek, nor did they prove, any damages resulting from the use of the recipes. The appellate court affirmed the trial court’s denial of a permanent injunction against the use of the recipes.

See Also

Bougie v. Garth-Niggeman

The case originated at trial court on issues of the buyout of a deceased member’s interest in an LLC restaurant. Among the issues was the use of the LLC’s recipes by the acquirer of the deceased’s interest in violation of the operating agreement. The two remaining LLC members claimed the use of the LLC’s recipes in other restaurants irreparably harmed them. However, the remaining members did not seek, nor did they prove, any damages resulting from the use of the recipes. The appellate court affirmed the trial court’s denial of a permanent injunction against the use of the recipes.