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March 28, 2024

College of DuPage – Breuder claim of tortious interference by board members in their individual capacity denied –

By Kirk Allen & John Kraft

On March 1, 2017

DuPage Col. (ECWd) –

The Federal Courts acted on motions in the Robert Breuder civil case against the College of Dupage today and issued a Motion Order found here.

The College of DuPage Motion to Dismiss counts I, II, and IV  was denied, however, the Individual Motion to Dismiss was granted in part and denied in part.

“Plaintiffs claim for tortious interference with contract (Count V) is dismissed with prejudice. Plaintiffs claim for defamation stemming from statements made by Individual Defendants at Board meetings (in Count VI) and Plaintiffs conspiracy claim stemming from Individual Defendants involvement in tortious interference with contract and defamation relating to statements made at Board meetings (in Count III) are also dismissed with prejudice.

Those particular items could be significant from a negotiating standpoint in the event of any settlement discussions.  Those particular dismissals weakened Breuder’s negotiating power.  Breuder has basically been given the boot out the door on his claim of tortious interference with his contract, as it was dismissed with prejudice, in relation to the defendants in their individual capacity.  It appears all of Count V was dismissed, along with significant elements of Counts III and IV.

A status hearing for this case has been scheduled for March 30th, 2017 at 9:00 AM

 

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3 Comments
  • G. Barraclough
    Posted at 20:01h, 01 March

    To paraphrase a quote by Dirty Harry, “Well now, I’m all broken up about that man’s claim of tortious interference with his contract.” We now know, because of all the Open Meeting Act and FOIA violations (exposed by the Edgar County Watchdogs), that whatever it was, it certainly was never a legal and valid contract.

    Maybe General Breuder should have been a little less arrogant toward us little people, spent a little less public money at Max McGraw’s Hunt Club and not have sponged excessive amounts of liquor and food off the taxpayers at the Waterfall Restaurant (for all of which, the federal income tax has probably not been paid). Big Bob has been accused of many things, but it’s very unlikely that humility and moderation are amongst them.

    • Frank Rizzo
      Posted at 09:16h, 02 March

      How detailed were those bills from the Waterfall?

      The reason I ask: If they had had a drink called the “Flaming @$$hole*” on the menu…were the taxpayers buying?

      *Seems like a drink some would find hilariously inappropriate and then laughingly bend the taxpayers over for.

  • Madison Black
    Posted at 07:24h, 02 March

    Watched this story develop over the years and the only question I have is where are the law enforcement agencies
    with regard to Mr. Brueder? Bob Birlin
    did nothing. US Treasury did nothing.
    Federal Bureau of investigation did nothing. Appears, if you are clever,
    you can get away with anything.

$