Tort legislation medleyBy Matthew HectorOctober 2014Lawpulse, Page 466The governor recently signed laws affecting UI/UIM arbitration, statutes of limitations for disabled plaintiffs, and service of process in gated communities.
Two-year limitation on claim arbitration does not violate public policyJanuary 2013Illinois Law Update, Page 16On 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.
Statute of limitations applied despite failure to discover forgery within the time limitNovember 2012Illinois Law Update, Page 580On 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).
Retaliatory-discharge claim against town not time-barred by Tort Immunity ActOctober 2011Illinois Law Update, Page 496On 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 claimBy Helen W. GunnarssonAugust 2011Lawpulse, Page 382A 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.
CTA notice requirement eliminatedBy Helen W. GunnarssonJuly 2009Lawpulse, Page 330Plaintiff’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.
Retooling the relation-back doctrineBy Helen W. GunnarssonApril 2008Lawpulse, Page 174The Illinois Supreme Court recently adopted the northern district's test for determining whether an amended complaint relates back to the original.
New amended claims must relate back by identity of transactionsSeptember 2006Illinois Law Update, Page 464On 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 yearAugust 2006Illinois Law Update, Page 404On 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 minimumApril 2006Illinois Law Update, Page 174On 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).