Kenny v. Kenny Industries (Illinois)

In this case, respondent Kenny Industries appealed an order of the state trial court denying its motion for release from a judgment confirming the arbitrator’s final award in favor of plaintiff, Kenney, arguing that the trial court erred in denying the motion because respondent retained the right to a setoff under the original contract in dispute. We intervened in the case on behalf of our client, Bank of America, arguing, among other things, that state law precluded respondent’s claimed setoff. The appellate court agreed with our arguments and affirmed the decision of the trial court in our favor.