Bd. of Trustees of the Univ. of Ill. v. Organon Teknika Corp. LLC

Dist. Ct. erred in dismissing for lack of final judgment plaintiff's lawsuit seeking to compel defendant to resume arbitration proceeding as part of plaintiff's demand that defendant honor its commitment to arbitrate dispute about royalty rate on drug sales. Dist. Ct. erred in its belief that prior arbitration award in defendant's favor was not final and appealable order where, although arbitrator reserved right to revisit royalty issue if new evidence surfaced, more than 90 days had elapsed from date of arbitrator's decision without any attempt by plaintiff to present new evidence, and plaintiff had not otherwise filed an appeal from arbitrator's decision. Accordingly, Ct. remanded matter for entry of order dismissing instant case with prejudice.