Illinois Supreme Court
Pielet v. Pielet
October 18, 2012978 N.E.2d 1000
Summary
The Illinois Supreme Court held that a breach-of-contract claim against a dissolved corporation that did not accrue until after dissolution falls outside the survival provisions of section 12.80 of the Business Corporation Act of 1983, so P.B.S. One, Inc., was entitled to judgment as a matter of law on Dorothy Pielet's count XI. It affirmed the appellate court's determination that genuine issues of material fact about a possible novation by PBSIM L.P. precluded summary judgment for Dorothy against National Material L.P. and N.M. Holding, Inc., on counts IX and X, but set aside as premature and advisory the appellate court's additional discussion of those defendants' liability absent a novation. The appellate court's judgment was affirmed in part and reversed in part, and the cause was remanded. Justice Burke, concurring in part and dissenting in part, joined by Justice Freeman, would have left intact the appellate court's merits discussion of counts IX and X because those issues bore directly on whether National Material and N.M. Holding were entitled to summary judgment.