Bill Doherty v. Peter Kahn

PRESIDING JUSTICE COUSINS delivered the opinion of the court: Plaintiff, Bill Doherty filed a complaint against defendants, Peter Kahn (Kahn), Patrick Driscoll (Driscoll), Jeff Randall (Randall), Robert Modder (Modder), and Glen Regal Landscaping. The 12-count complaint alleged that plaintiff owned a landscaping business and the defendants offered plaintiff the opportunity to form a new landscaping business with defendants, called Glen Regal Landscaping. The complaint alleged, inter alia, that, in exchange for plaintiff's employees, his landscaping equipment, as well as his existing accounts, plaintiff would become president of the new company, be awarded 65% of the stock, and paid $5,000 per month. The complaint further alleged that, although plaintiff accepted the offer and performed his obligation under the agreement, he only received $2,000 or $3,000 a month. Defendants also reduced his stock to 25% and decided in a meeting that plaintiff would no longer be president of the company. Moreover, the complaint alleged that defendants terminated plaintiff because he refused to engage in illegal activity. After his termination, plaintiff was unable to secure work because defendants had defamed him to the clients and had refused to return plaintiff's equipment. Plaintiff alleged that, because of defendants' actions, he has continued to lose income, business, and revenue, and he has suffered severe and intense emotional distress. Defendants filed motions to dismiss the complaint pursuant to sections 2-615 and 2-619 of the Code of Civil Procedure (Code)(735 ILCS 5/2-615, 2-619 (West 1992)), which the trial court granted. On appeal, plaintiff contends that the trial court erred in dismissing his actions for: (1) securities fraud; (2) defamation; (3) tortious interference with contract and/or prospective economic advantage; (4) back pay based on the Illinois Wage Payment and Collection Act (820 ILCS 115/1 et seq. (West 1992)); (5) retaliatory discharge; (6) breach of fiduciary duties; (7) breach of contract; (8) fraud; (9) conversion; (10) damages under the Illinois Consumer Fraud and Deceptive Business Practices Act (Consumer Fraud Act) (815 ILCS 505/1 et seq. (West 1992)); and (11) intentional infliction of emotional distress. The trial court did not dismiss plaintiff's breach of employment contract claim; therefore, it is not a part of the appeal.