Illinois Supreme Court Sets Civil Argument Schedule for September


In This Issue:

This afternoon the Illinois Supreme Court published its Oral Argument Calendar for the September term, and the Court will hear oral argument in ten civil cases. The cases, with the issue or issues presented in each, are:

Simpkins v. CSX Corporation; The Forest Preserve District of Du Page County v. First National Bank of Franklin Park; Wisnasky-Bettorf v. Pierce; Citizens Opposing Pollution v. ExxonMobil Coal U.S.A.; Sandholm v. Kuecker ; The Township of Jubilee v. The State of Illinois; Crossroads Ford Truck Sales, Inc. v. Sterling Truck Corporation; Santiago v. E.W. Bliss Company; Nowak v. The City of Country Club Hills; and Reliable Fire Equipment Co. v. Arredondo.

Simpkins v. CSX Corporation, No. 110662 -- Does an employer owe a tort duty of due care to the immediate family of its employees? See Tort Law.

The Forest Preserve District of Du Page County v. First National Bank of Franklin Park, No. 110759 & 110760 -- (1) Has a plaintiff negotiated in good faith prior to filing a complaint for condemnation where it fails to offer the full amount of the highest appraisal it receives, fails to attach an appraisal to its offer letter and adds a short time-frame for acceptance to its offer? (2) Are clauses in Annexation Agreements providing that zoning and Special Use Designations survive the expiration of the agreement contrary to Illinois law? (3) Is Section 7-121 of the Eminent Domain Act, which provides that fair market value in a condemnation proceeding shall be determined as of the date the action was filed, unconstitutional as applied under Kirby Forest Industries v. United States, 467 U.S. 1 (1984)? See Government Law.

Please see full article below for more information.

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DISCLAIMER: Because of the generality of this update, the information provided herein may not be applicable in all situations and should not be acted upon without specific legal advice based on particular situations.

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