Smith v. Chemical Personnel Search, Inc.

Defendant, Chemical Personnel Search, Inc. (CPS), appeals the dismissal of its counterclaim, which sought injunctive relief for plaintiff’s alleged breach of covenants not to compete. The issues presented on appeal are whether (1) plaintiff’s motion to dismiss the counterclaim was improperly brought under section 2 — 619 of the Code of Civil Procedure (Code) (Ill. Rev. Stat. 1989, ch. 110, par. 2— 619); (2) CPS was collaterally estopped from seeking the relief outlined in its counter-claim; (3) CPS’ counterclaim failed to set forth a cause of action for injunctive relief; and (4) CPS should…