The Illinois Supreme Court announced this afternoon that on the morning of Thursday, October 21, it will file opinions in four civil cases:

  • J. P. Morgan Chase Bank, N.A. v. Earth Foods, Inc., No. 107682 — Does Section 1 of the Sureties Act, 740 ILCS 155/1, also apply to guarantors?
     
  • In re Estate of 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?
     
  • 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?  
     
  • 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?

For further details on these four cases, click our Illinois Supreme Court Update, and then Surety, Civil Procedure, Tort, and Civil Procedure, respectively.