Eckhardt v. The Idea Factory, LLC

Illinois Appellate Court
Civil Court
Contracts
Citation
Case Number: 
2021 IL App (1st) 210813
Decision Date: 
Thursday, September 30, 2021
District: 
1st Dist.
Division/County: 
Cook Co., 4th Div.
Holding: 
Affirmed.
Justice: 
MARTIN

Plaintiff, who developed and appeared on TV series "Windy City Rehab", filed suit against Defendant companies which had complete discretion over editing and production of the final TV episodes. Plaintiff filed tort claims of defamation and intentional infliction of emotional distress for Defendants falsely portraying him as a villain and insinuating that he misappropriated funds, was dishonest, or incompetently managed projects. The forum selection clause in the parties' contract encompassed these tort claims, as the claims arise under the agreement, and such claims must be filed in California. A clause selecting another forum is an "affirmative matter" barring a claim against a defendant, and dismissal on this basis was proper under section 2-619(a)(9) of Code of Civil Procedure. (LAMPKIN and ROCHFORD, concurring.)