The Appellate Court held that a genuine issue of material fact exists regarding whether the employer's "performance under section 4(e) of the Employment Agreement was excused under the doctrine of legal impossibility." The Court noted that the employer presented no evidence "demonstrating that it applied for an exception to make the severance payment". Thus, the Circuit Court erred "in granting summary judgment in UCB's favor on grounds that its performance under the Employment Agreement was rendered objectively impossible by operation of law."
Further, there was a genuine issue of material fact as to whether the plaintiff's conduct was cause for his employer to terminate him. Thus, the matter was remanded for further proceedings.