GemShares LLC v. Secured Worldwide, LLC, No. 17 C 6221, Slip Op. (N.D. Ill. Feb. 13, 2019) (Kennelly, J.).

Judge Kennelly granted plaintiff GemShares’ motion for partial summary judgment as to liability on its breach of contract claim against the individual defendant.

The Southern District of New York’s prior ruling on defendant’s liability for breaching a covenant not to compete precluded relitigation of the issue. Defendants did not dispute the validity or enforceability of the underlying agreement. They only disputed GemShare’s performance and whether GemShare was damaged. But defendants’ conclusory assertions of GemShare’s non-performance were not sufficient to create a disputed, material fact issue. Specific allegations would have been necessary. And while GemShare had not yet met its burden to prove reasonable damages, there was no issue that GemShare was damaged.