Appellate

Appellate Court Affirms “Enormity of the Parties’ Wrong.”

Illinois Appellate Court Rejects the appeals from Exeura.  The three-judge appellate Court panel affirms the trial judge’s opinion regarding the overwhelming evidence of their misconduct.  Click here for appellate opinion.

Significantly, the court found that it did not believe [Defendant]’s testimony …  [Defendant] in his testimony, showed a marked propensity to “color” everything…  Herzum Soft. LLC v. Exeura, 2014 Ill App. (1st) 121664-U, ¶ 24.  Significantly, the trial court, which was in a superior position to determine the credibility of the witnesses and weight of the evidence, found Defendant not credible, and in light of the evidence on the record, we conclude that the trial court’s decision was not against the manifest weight of the evidence.  Id. at ¶ 46.

Defendants were secretly conspiring with each other to break up Fourthcodex and continue Fourthcodex’ work by substituting [Defendants] for plaintiff as Exeura’s new partner. The e-mails presented also support the finding that defendants conspired to take leads from plaintiff and falsely tell plaintiff that the software did not work. Finally, the trial court did not abuse its discretion in awarding punitive damages, as it specifically found that, after taking into account the enormity of the parties’ wrong, as well as their income and available assets, the award of$150,000 against each defendant would appropriately serve the purpose of this type of award.  Herzum Soft. LLC v. Exeura, 2014 Ill App. (1st) 121664-U, ¶ 50.  Defendant’s conduct was not an isolated incident, but part of a scheme that took place over the course of several months and required repeated actions on his part.  Id. at ¶ 53.