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AVENTINE RENEWABLE ENERGY v. JP MORGAN

No. 3-09-1019.

940 N.E.2d 257 (2010)

AVENTINE RENEWABLE ENERGY, INC., Plaintiff-Appellant, v. JP MORGAN SECURITIES, INC. and JP Morgan Chase Bank, N.A., Defendants-Appellees.

Appellate Court of Illinois, Third District.

December 9, 2010.

Attorney(s) appearing for the Case

Thomas W. O'Neal, Westervelt, Johnson, Nicoll & Keller, LLC, Peoria, Craig C. Martin, Timothy J. Chorvat (argued), Jenner & Block LLP, Chicago, for Aventine Renewable Energy, Inc.

H. Nicholas Berberian (argued), Terry D. Weissman, Christopher M. Burky, Neal, Gerber & Eisenberg LLP, Chicago, Thomas H. Wilson, Sorling, Northrup, Hanna, Cullen & Cochran, Ltd., Springfield, for JP Morgan Securities, Inc.

OPINION

Justice LYTTON delivered the judgment of the court, with opinion.

Plaintiff Aventine Renewable Energy, Inc., invested in auction rate securities (ARS) from defendants JP Morgan Chase Bank, N.A. and JP Morgan Securities, Inc. (JP Morgan). After Aventine lost a considerable amount of money from its investment, it filed suit against JP Morgan. JP Morgan filed a motion to compel Aventine to submit to arbitration or, alternatively, to stay the litigation...

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