This afternoon, the Illinois Supreme Court published its May docket for oral arguments, and the Court’s docket includes nine civil cases. The cases, with the issue or issues presented in each, are:
- Hurlbert v. Charles, No. 109041: “Under the Supreme Court’s decision in People v. Moore, 138 Ill.2d 162 (1990), does a finding of probable cause in a drivers’ license summary suspension hearing arising from a DUI arrest collaterally estop the driver from relitigating the issue in a subsequent civil action?
- In re Estate of Mary Ann Wilson, No. 108487: “Does 735 ILCS 5/2-1001(a)(3) of the Code of Civil Procedure permit a judge to make an initial determination of whether a petition to substitute judges for cause makes a threshold showing of prejudice before transferring the matter to another judge for decision?
- Vancura v. Peter Katris, et al., No. 108652: “(1) Was notary’s employer liable under the Notary Public Act, 5 ILCS 312/7-102, where notary authenticated forged signature on mortgage assignment, based on a theory that employer either expressly or impliedly consented to notary’s alleged misconduct? (2) Is the Notary Public Act the exclusive statement of the standard of care in an action for negligence against a notary? (3) Did notary’s employer breach any applicable duty to train and/or supervise?”
- State Building Venture v. O’Donnell, No. 108673: “(1) Was the action of a tenant in a state-owned office building against a state department on its lease barred by either sovereign immunity or collateral estoppel? (2) If not, did the enabling statute 20 ILCS 405/405-315(a)(s), unambiguously permit leases with automatic renewal periods?”
- Ready v. United/Goedecke Services, Inc., No. 108910: “Where a defendant has denied liability, may defendant introduce evidence regarding the conduct of other defendants who have settled in good faith pre-trial for the purpose of showing that one or more of the settling defendants were the sole proximate cause of plaintiff’s injuries?”
- Millennium Park Joint Venture, LLC v. Houlihan, No. 108923: “Are the remedies set forth in the Property Tax Code, 35 ILCS 200/23-5, 23-10, 23-15, a taxpayer’s sole avenue for arguing that an assessed property tax is ‘unauthorized by law’?”
- Hubble v. Bi-State Development Agency, No. 109137: “Is the defendant, an agency formed pursuant to an interstate compact, a “local public entity” within the meaning of the Local Governmental and Governmental Employees Tort Immunity Act, 745 ILCS 10/8-101, and therefore subject to the one-year statute of limitations set forth in the Act.”
- Irwin v. Department of Revenue, No. 109300: “(1) Did corporate aircraft hangared in different state have substantial nexus to Illinois sufficient to permit Illinois to impose use tax on purchase price of plane? (2) If so, was Illinois statute’s system of credits for tax paid other states sufficient to satisfy Interstate Commerce clause without further apportionment?”
- Wright Development Group, LLC v. Walsh, No. 109463: “(1) Where the Citizens’ Participation Act gives a defendant successfully moving to dismiss an action a right to an award of attorneys’ fees and costs incurred in connection with the motion (735 ILCS 110/25), was defendant’s appeal from denial of his motion to dismiss mooted by the subsequent dismissal of the action on other grounds? (2) If not, was defendant entitled to dismissal of the defamation action pursuant to the Act?”
Decisions in these cases will be filed later in the year.