On June 21, 2019, the Second District Appellate Court affirmed the trial court’s dismissal of the plaintiff’s tort claims because they were barred by the two-year 735 ILCS 5/13-202 statute of limitations.
The Appellate Court of Illinois held that when there is a sudden traumatic injurious event, the resulting cause of action accrues and the statute of limitations begins to run on the date the injury occurs.
Molly's Law gives plaintiffs more time to bring wrongful death cases that stem from some allegedly intentional and criminal conduct and allows disappointed FOIA requesters to ask the attorney general's office to review denials.
The governor recently signed laws affecting UI/UIM arbitration, statutes of limitations for disabled plaintiffs, and service of process in gated communities.
On February 21, 2014, the Illinois Supreme Court held that the time limits for claims against attorneys arising out of the performance of professional services apply to actions by non-clients, resolving a split among the districts of the appellate court.
On January 24, 2014, the Illinois Supreme Court held that a fraudulent misrepresentation claim in a contract action for property damage is subject to a five-year statute of limitations.
On October 18, 2013, the Illinois Supreme Court held that a motorist's claim against the driver in a personal injury action was time-barred after the motorist-plaintiff failed to substitute the personal representative for the deceased driver's estate before the statute of limitations expired.
Don't assume that general statutes of limitation apply to Illinois arbitration claims - think about including a clause in your arbitration agreements to limit your client's exposure.
On October 18, 2012, the Illinois Supreme Court held that a two-year contractual limitation on claim arbitration between an automobile insurer and its insured does not violate Illinois public policy, even when the incident giving rise to the claim occurred in a state with a longer statute of limitations.
A recent appellate court decision holds that a Catholic diocese's fraudulent concealment of abuse tolls the statutes of limitation and repose, allowing a middle-aged victim to recover.
On September 5, 2012, the fifth district appellate court held that the three-year statute of limitations in section 3-118(g) of the Uniform Commercial Code ("UCC") should be applied to actions for conversion of negotiable instruments even in situations where plaintiffs are not reasonably able to discover the loss within the time limit. 810 ILCS 5/3-118(g) (West 2010).
A plaintiff is allowed to correct the mistaken identity of a defendant in a suit to establish liability under the Dramshop Act when the relation-back factors of state law are satisfied, according to the Appellate Court for the Fourth District of Illinois.
On July 22, 2011, the 4th District Appellate Court reversed the lower court's decision granting the Town of Normal's motion to dismiss plaintiff Mary Collins' retaliatory-discharge claim. Since Collins' claim was brought under the Workers' Compensation Act, there is an exception to the Local Governmental and Governmental Employees Tort Immunity Act (Tort Immunity Act), and her claim is not time-barred by the one-year statute of limitations in section 8-101(a).
A plaintiff who sued a lawyer for malpractice in the preparation of a quitclaim deed was too late because any injury occurred when the deed was prepared, not later when her husband died.
On July 8, 2010, the Appellate Court of Illinois, Fifth District, reversed a motion to dismiss from the Circuit Court of Randolph County, finding that an amended complaint is not necessary when the administrator of an estate is not appointed until after a wrongful death action is filed.
On November 25, 2009, the Illinois Appellate Court, First District, affirmed the Circuit Court of Cook County's grant of defendant's motion to dismiss, in a complaint against the defendant for injuries the plaintiff sustained as a result of alleged sexual abuse.
Plaintiff’s lawyers are cheering the removal of a notice requirement they say functioned “as a shield against unsuspecting plaintiffs” with legitimate claims against the CTA.
On April 21, 2008, the Illinois Appellate Court, Second District, answered two certified questions relating to a premarital agreement in the negative and remanded the cause to the Circuit Court of Lake County for additional proceedings.
On December 13, 2007, the Illinois Supreme Court reversed the judgment of the appellate court and the Circuit Court of Knox County, holding the passage of time between a plaintiff's voluntary dismissal and refiling is not included in considering the plaintiff's diligence under Supreme Court Rule 103(b).
In order to protect the rights of the criminally accused, the Illinois General Assembly amended the Criminal Code of 1961 (Code), 720 ILCS 5/1 et seq, to provide penalties for confessions given under duress.
