Illinois Supreme Court Will Hear Five Civil Cases During January Term

The Illinois Supreme Court has posted its docket for the impending January term, and the Court will hear argument in five civil cases.

The civil portion of the Court’s docket begins during the 9:00 a.m. session on Wednesday, January 16 with McFatridge v. Madigan. McFatridge, which we previewed here,involves a dispute between a former State’s Attorney and the State over liability for the plaintiff’s attorneys fees incurred when he was sued for malicious prosecution. The question turns on the interpretation of the Illinois State Employee Indemnification Act. 5 ILCS 350/2(b)

Russell v. SNFA, which will be argued during the 9:00 a.m. session on Wednesday, January 23, raises questions of general and specific jurisdiction over a French-based manufacturer of custom-made aerospace bearings and helicopter tail-rotor bearings. Our preview of Russell is hereRussell presents the Supreme Court with its first opportunity to squarely apply J. McIntyre Machinery, Ltd. v. Nicastro, the United States Supreme Court’s landmark 2011 decision on the limits to jurisdiction over foreign-based manufacturers.

DeHart v. DeHart, which we previewed here, presents interesting issues of both wills & estates law and adoption law. The plaintiff’s challenge to the testamentary capacity is based upon the decedent’s statement in his will that he had no children. Was that sufficient grounds to take the challenge before a jury? The case also involves issues of when a jury may permissibly infer the existence of an enforceable contract to adopt, and whether Illinois should recognize the theory of adoption by equitable estoppel.

We’ll post our previews of the Court’s remaining two civil cases, VC&M, Ltd. v. Andrews and Gruszeczka v. Illinois Workers’ Compensation Commission, both of which will be argued during the 9:00 a.m. session on Thursday, January 24th, shortly.

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