Plaintiff filed a lawsuit against defendants in a matter related to the state's award of long-term commitments with private companies to supply various state agencies with pharmaceutical goods. The contract required that bidders subcontract a certain amount of work to disadvantaged business enterprises. Defendant received a full waiver of that requirement. Plaintiff alleged damages for breach of contract and tortious interference with business expectancy and sought a declaration that defendant’s contract with the State was invalid. The trial court dismissed the complaint, finding that plaintiff did not have standing because the DBE requirement was a “goal” and not a legal obligation so that plaintiff had no cognizable right to a subcontract or to a declaration that the contract was void. The appellate court affirmed the dismissal of the contract and declaratory judgment counts but reversed the dismissal of the tortious interference claim, finding that the allegations of the complaint were sufficient at the pleading stage. (VAN TINE and McBRIDE, concurring)
Illinois Appellate Court
Civil Court
Tortious Interference