ILLINOIS COURTS ISSUES OPINION ON TOPCO ASSOCIATES V/S CASCADES HOLDINGS US CASE

SPRINGFIELD, Ill., March 28 -- The Illinois Courts Office issued the following opinion on Feb. 28:

1. Held: We reverse the trial court's grant of summary judgment and the resultant entry of judgment in favor of the defendant and against the plaintiff on the complaint, as a modification of the parties' contract operated to rescind a prior provision permitting termination of the contract upon 90 days' written notice. The matter is remanded for a new trial on the plaintiff's complaint and the defendant's counterclaim.

2. In 2004, plaintiff Topco Associates, LLC (Topco), and defendant Cascades Holdings US Inc., d/b/a Cascades Tissue Group (Cascades), entered into a contract for the purchase and sale of certain paper products sold by Cascades...