GPB Stockholder Group, LLC v. Partnership Capitol Growth Investors III, L.P.

Illinois Appellate Court
Civil Court
Jurisdiction
Citation
Case Number: 
2023 IL App (1st) 211351-B
Decision Date: 
Monday, May 8, 2023
District: 
1st Dist.
Division/County: 
1st Div./Cook Co.
Holding: 
Affirmed.
Justice: 
LAVIN

Plaintiffs filed a lawsuit claiming breach of fiduciary duty and civil conspiracy against defendants. The trial court granted defendants’ motion to dismiss on the basis that the lawsuit was required to be filed in Delaware. The matter went up on appeal and the appellate court initially affirmed the judgment on the basis that plaintiff’s brief was not sufficient; however, the Supreme Court, using its supervisory authority, directed the appellate court to vacate its prior judgment and to address the issues on their merits. After doing so, the appellate court affirmed, finding that the plaintiffs were required to file their lawsuit in the state of Delaware. (HYMAN and COGHLAN, concurring)