Adams v. Pull’R Holding Co., LLC, No. 09 C 7170, Slip Op. (N.D. Ill. Apr. 20, 2010) (Gettleman, Jr.).
Judge Gettleman granted defendants’ motion to dismiss as to plaintiff’s civil conspiracy claim and granted in part plaintiff’s motion to dismiss defendants’ trade secret and related state law counterclaim in this case involving hoists, fence installation tools and other do it yourself tools. The Court dismissed plaintiff’s civil conspiracy claim because it was not based upon an underlying tort claim. The purpose of a civil conspiracy is to extend tort liability to members of a conspiracy.
The Court denied plaintiff’s motion to dismiss as to defendants’ breach of contract counterclaim. The motion was premised upon plaintiff’s argument that he was not a party to the agreement. But plaintiff was not allowed to make that argument after having pled in his complaint that he was a party to the agreement.
The Court also denied plaintiff’s motion as to defendants’ trade secret misappropriation claim. It did not matter that defendants’ allegations were all pled on information and belief. Defendants’ pleading sufficiently provided plaintiff the what, where, when, why and how required by the pleading standards.