Comedy Cottage, Inc. v. Berk

Plaintiffs, Edward Hellenbrand and Comedy Cottage, Inc., operate a comedy club known as the Comedy Cottage at 6350 North River Road in Rosemont, Illinois. They brought this injunctive action against Jay Berk, a former vice-president and general manager of the club. Among other things, the complaint alleged that Berk breached his fiduciary duty by acquiring a lease to the premises after the corporation’s lease had been terminated and establishing a rival club there. The trial court agreed and enjoined Berk from interfering with plaintiffs’ possession of the premises. Berk brought this…