J. Maki Construction Company v. Chicago Regional Council of Carpenters

State: Illinois

Court: 2nd District Appellate

Docket No: 2-07-0173, 2-07-0204 cons. Rel

Case Date: 02/01/2008

Preview:Nos. 2--07--0173 & 2--07--0204 cons. Filed: 2-1-08 ______________________________________________________________________________ IN THE APPELLATE COURT OF ILLINOIS SECOND DISTRICT ______________________________________________________________________________ J. MAKI CONSTRUCTION COMPANY and JOHN MAKI, SR., ) Appeal from the Circuit Court ) of Lake County. ) Plaintiffs-Appellees, ) ) v. ) No. 05--L--503 ) CHICAGO REGIONAL COUNCIL OF ) CARPENTERS, JOEL POGOSE, DANIEL ) McMAHON, and RANDY DROGOS, ) Honorable ) Mitchell L. Hoffman, Defendants-Appellants. ) Judge, Presiding. ______________________________________________________________________________ J. MAKI CONSTRUCTION COMPANY and JOHN MAKI, SR., ) Appeal from the Circuit Court ) of Lake County. ) Plaintiffs-Appellants, ) ) v. ) No. 05--L--503 ) CHICAGO REGIONAL COUNCIL OF ) CARPENTERS, JOEL POGOSE, DANIEL ) McMAHON, and RANDY DROGOS, ) Honorable ) Mitchell L. Hoffman, Defendants-Appellees. ) Judge, Presiding. ______________________________________________________________________________ JUSTICE BOWMAN delivered the opinion of the court: There once was a union that called plaintiffs' work crappy; this made plaintiffs quite unhappy; at trial, the jury filled plaintiffs' purse; but, alas, on appeal, we must reverse.

Nos. 2--07--0173 & 2--07--0204 cons.

On May 10, 2006, plaintiffs, J. Maki Construction Company and John Maki, Sr., filed their second amended complaint alleging two counts of defamation against defendants, the Chicago Regional Council of Carpenters (the Union), Joel Pogose, Daniel McMahon, and Randy Drogos. In count I, plaintiffs alleged that a handbill, containing a limerick, that defendants handed out to members of the public was defamatory, imputing to plaintiffs professional incompetence. In count II, plaintiffs alleged that a banner that defendants published at public sites contained defamatory statements imputing to Maki a criminal conviction. On September 13, 2006, the trial court granted summary judgment in favor of defendants as to count II of plaintiffs' second amended complaint. A jury trial was held on count I, and on September 20, 2006, the jury found in favor of plaintiffs, awarding them $2,353,000 in damages. Defendants filed a posttrial motion for judgment notwithstanding the verdict or a new trial, which was denied on January 19, 2007. Defendants timely appealed and argue that the judgment should be reversed or, alternatively, that defendants should be given a new trial because: (1) the trial court erred in ruling that the parties were not involved in a "labor dispute" as defined by the National Labor Relations Act (the Act) (29 U.S.C.

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