Publications

Illinois Bar Journal
Articles on Statutes of Limitation and Repose

Two-year limitation on claim arbitration does not violate public policy January 2013 Illinois Law Update, Page 16 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.
Child Sexual Abuse by Clergy: Statute of Limitations and Repose Challenges By Christopher T. Hurley and Mark R. McKenna November 2012 Article, Page 608 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.
Statute of limitations applied despite failure to discover forgery within the time limit November 2012 Illinois Law Update, Page 580 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).
Relation-back doctrine not limited by dramshop act's statute of limitations December 2011 Illinois Law Update, Page 610 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.
Two-year limitation on claims under insurance policy violates Illinois public policy November 2011 Illinois Law Update, Page 556 On August 30, 2011, the Appellate Court for the Third District of Illinois reversed a circuit court's denial of a motion to compel arbitration.
Retaliatory-discharge claim against town not time-barred by Tort Immunity Act October 2011 Illinois Law Update, Page 496 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).
Statute of repose bars legal malpractice claim By Helen W. Gunnarsson August 2011 Lawpulse, Page 382 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.
Failure to appoint an administrator before filing a wrongful-death action is not fatal to the cause of action September 2010 Illinois Law Update, Page 452 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.
No statute of limitation for child pornography cases. March 2010 Illinois Law Update, Page 128 Illinois lawmakers amended the Criminal Code of 1961 to allow prosecution of child pornography offenses to be undertaken "at any time."  
Amended CCP section 13-202.2(b) cannot be applied retroactively to resuscitate previously barred claims February 2010 Illinois Law Update, Page 72 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.
No after-the-fact extension of statute of limitations By Helen W. Gunnarsson November 2009 Lawpulse, Page 546 The legislature can't revive a time-barred lawsuit by later extending the statute of limitations, the illinois Supreme Court holds.
CTA notice requirement eliminated By Helen W. Gunnarsson July 2009 Lawpulse, Page 330 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.
Court determines that limitations period tolled during parties' marriage July 2008 Illinois Law Update, Page 340 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.
DUI changes effective June 1 By Helen W. Gunnarsson June 2008 Lawpulse, Page 278 Thanks to a law signed last year, a crazy quilt of DUI laws taking effect June 1 isn't so crazy. But ambiguities remain.
Sexual injury limitation period amended. PA 095-0589 May 2008 Illinois Law Update, Page 236 The Code of Civil Procedure has been amended by the addition of section 13-202.3. 735 ILCS 5/13-202.3. 
Retooling the relation-back doctrine By Helen W. Gunnarsson April 2008 Lawpulse, Page 174 The Illinois Supreme Court recently adopted the northern district's test for determining whether an amended complaint relates back to the original. 
Time between voluntary dismissal and refiling does not affect reasonable diligence assessment February 2008 Illinois Law Update, Page 72 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). 
Asked and Answered January 2008 Column, Page 49 Pushing the statute of limitations.
Incarceration due to forced confessions excluded from criminal and civil time limitations -PA 094-1113 May 2007 Illinois Law Update, Page 236 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. 
New statute of limitations rules for Predator Accountability Act - PA 094-998 February 2007 Illinois Law Update, Page 72 The Illinois General Assembly has created a new statute of limitations for the Predator Accountability Act. 735 ILCS 5/13-225. 
Legislature overturns one-year limit on family-law fee suits By Helen W. Gunnarsson September 2006 Lawpulse, Page 458     Family law practitioners now have 10 years to sue clients in an independent action for unpaid fees. 
New amended claims must relate back by identity of transactions September 2006 Illinois Law Update, Page 464 On June 2, 2006, the Illinois Appellate Court, First District, affirmed the decision of the Circuit Court of Cook County, dismissing one of the counts of plaintiff's amended complaint because it was barred by the statute of limitations. 
Public Employee Disability Act calls for disbursement of benefits beyond one calendar year August 2006 Illinois Law Update, Page 404 On June 2, 2006, the Illinois Appellate Court, Fourth District, affirmed the decision of the Circuit Court of McLean County, construing the time limitation under the Public Employee Disability Act (Act), 5 ILCS 345/1 et seq, to apply to the time the employee is unable to perform, notwithstanding the calendar period of time that has passed since a duty-related injury.
Limitation period in Public Construction Bond Act is merely a minimum April 2006 Illinois Law Update, Page 174 On January 26, 2006, the Illinois Appellate Court, First District, affirmed the decision of the Circuit Court of Cook County, holding that a contractually-mandated one-year limitation period did not conflict with the provisions of the Public Construction Bond Act (Act).
Illinois Supreme Court 2004: Taking on the Tough Issues By Nancy J. Arnold and Tim Eaton April 2005 Article, Page 174 Last year the court confronted contentious issues that matter not just to lawyers but to the public at large.
One-year limitation period in Tort Immunity Act applies to personal injury actions against local public entities February 2005 Illinois Law Update, Page 68 On November 18, 2004, the Illinois Supreme Court reversed the judgment of the appellate court and affirmed the circuit court's dismissal of the plaintiff's personal injury action. 
Because the limitations period was statutorily shortened at the time they filed their complaint, the plaintiffs should have been given reasonable time to file and the void ab initio doctrine should not have been applied August 2004 Illinois Law Update, Page 398 On May 21, 2004, the Illinois Appellate Court, Second District, reversed the trial court's grant of the defendant's motion to dismiss and held that departure from the void ab initio doctrine was justified by the reasonable period doctrine with respect to the plaintiffs' claims. 
Despite clear running of both the statute of limitations and statute of repose for attorney malpractice action, attorney was equitably estopped from raising issue of statute of repose May 2004 Illinois Law Update, Page 242 On February 6, 2004, the Illinois Appellate Court, Fifth District, reversed the judgment of the Circuit Court of Madison County granting the defendant attorney's motion to dismiss on grounds of the statute of limitations and statute of repose, and remanded for further proceedings. 
A pending traffic citation and complaint for "driving while license revoked" tolls the 3-year statute of limitations under §3-7(c) of the Criminal Code, and "aggravated driving while license revoked" constitutes the same conduct as misdemeanor offense under same section. November 2003 Illinois Law Update, Page 550 On August 7, 2003, the Appellate Court of Illinois, Second District, reversed the order of the Circuit Court of DuPage County dismissing the indictment filed against the defendant for aggravated driving while license revoked and remanded the cause for further proceedings.
Statute of limitations expands under Local Governmental Tort Immunity Act P.A. 93-0011 August 2003 Illinois Law Update, Page 384 A recent amendment to the Local Governmental and Governmental Employees Tort Immunity Act allows for the commencement of an action for damages for injury or death against any local public entity or public employee.
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