1Prior to the start of trial, the trial court ruled that any jury findings concerning the
FEBRUARY 19, 2008
No. 1- 06-0861
FANE LOZMAN and BLUE WATER ) Appeal from the
PARTNERS, INC., ) Circuit Court of
) Cook County.
GERALD D. PUTNAM, TERRA NOVA )
TRADING, L.L.C., STUART TOWNSEND, )
MARRGWEN TOWNSEND, TOWNSEND )
ANALYTICS, LTD., CHICAGO TRADING AND )
ARBITRAGE, L.L.C., ARCHIPELAGO, L.L.C., ) Honorable
ARCHIPELAGO HOLDINGS, L.L.C., GDP., INC, ) Allen S. Goldberg,
and VIRAGO ENTERPRISES, L.L.C., ) Judge Presiding.
JUSTICE ROBERT E. GORDON delivered the opinion of the court:
Plaintiff Fane Lozman and defendant Gerald Putnam were business associates whose
relationship turned sour. On April 17, 1995, they signed a written agreement regarding the
sharing of revenues and commissions. Just six months later, on October 9, 1995, they signed
mutual releases that voided their April 17 agreement.
After a dual bench and jury trial,1 the circuit court of Cook County held on July 2, 2005,