Illinois Supreme Court
Ivey v. Transunion Rental Screening Solutions Inc.
November 28, 2022465 Ill. Dec. 666
Summary
The Illinois Supreme Court affirmed summary judgment for TransUnion Rental Screening Solutions because Helix failed to provide competent evidence establishing its anticipated lost profits with reasonable certainty. Although the new-business principle is not an absolute bar to recovering prospective profits, Helix’s proposed comparisons involved a novel product, a new platform, and an unestablished market, leaving its damages speculative as a matter of law. Justice Overstreet dissented, concluding that the expert evidence created a factual question suitable for trial.