Publications

Illinois Bar Journal
Articles on Statutes of Limitation and Repose

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.
For whom the statute tolls By Helen W. Gunnarsson July 2003 Lawpulse, Page 326 When does a statute of limitations begin to run for a cause of action held by a deceased minor? Surprisingly, Illinois courts of review have never answered the question.
No statute of limitations on certain sex offenses P.A 92-0752 June 2003 Illinois Law Update, Page 280 In accordance with Illinois' recent creation of a DNA database, the legislature amended the list of crimes for which no statute of limitations applies to include any offense involving sexual conduct.
Six-year statute of repose for legal malpractice claims begins to toll after last act of representation October 2002 Illinois Law Update, Page 512 On August 1, 2002, the Appellate Court of Illinois, Third District, affirmed the decision of the circuit court for the 14th Judicial District, Mercer County, and concluded that the six-year statute of repose for legal malpractice claims, 735 ILCS 5/13-214.3(c).
Beneficiary’s malpractice action against deceased mother’s attorney for harm not suffered until after death of mother allowed when brought within two years of mother’s death April 2002 Illinois Law Update, Page 176 On January 25, 2002, the Illinois Supreme Court affirmed the appellate court ruling that an exception to the statute of repose for attorney malpractice, 735 ILCS 5/13-214.3(d).
Summary judgment was proper where plaintiff was on notice that her injuries were likely “wrongfully caused” but did not file suit until after the statute of limitations expired April 2002 Illinois Law Update, Page 176 On February 7, 2002, the Appellate Court of Illinois, First District, affirmed the decision of the trial court and held that summary judgment was properly entered in favor of the defendant since the two-year statute of limitations had expired.
Two-year statute of limitations on intentional infliction of emotional-distress claim tolls from the date of the last incident when the defendant’s conduct is “continuous, by the same actor, and of a similar nature” February 2002 Illinois Law Update, Page 66 The plaintiff appealed the dismissal of her complaint under § 2-619 of the Illinois Code of Civil Procedure, 735 ILCS 5/2-619, on the grounds that all of her claims were for personal injuries and hence barred by the two-year statute of limitations in § 13-202 of the Illinois Code of Civil Procedure, 735 ILCS 5/13-202.
Purchaser of used car stated claim for fraud based on concealment of known defect and statute of limitations for implied warranty began to toll anew when used vehicle was sold January 2002 Illinois Law Update, Page 14 On October 19, 2001, the Appellate Court of Illinois, First District, reversed the Circuit Court of Cook County, which dismissed the plaintiff's complaint alleging consumer fraud and breach of the implied warranty of merchantability.
Property Owners and the Statute of Repose for Design and Construction Defects By Thomas J. Bamonte and Edward C. Snow November 2001 Article, Page 586 Illinois courts are divided about whether property owners should get the full protection of the statute.
The Lawyer’s Journal By Bonnie C. McGrath September 2001 Column, Page 450 Two years and time's up for legal malpractice; nightshift-assignment doesn't constitute sex discrimination; and more.
Misidentification statute amended to resemble federal rule—S.B. 195 July 2001 Illinois Law Update, Page 342 The General Assembly has approved an amendment to the misidentification statute in the Code of Civil Procedure.
Statute of limitations bars claim filed 22 years after alleged sexual abuse October 2000 Illinois Law Update, Page 563 On August 10, 2000, the Illinois Supreme Court held that the statute of limitations for a claim brought by a former parishioner against a parish priest began to run when the parishioner reached age of majority, and that the parishioner was not under a legal disability sufficient to toll the statute of limitations.
Correspondence from Our Readers May 2000 Column, Page 246 Flood-of-PD-lawsuits prediction all wet?
The Lawyer’s Journal By Mark Mathewson April 2000 Column, Page 192 What hath Tosado wrought? What do jurors think? Granny gives a gift; and more.
When a plaintiff suffers sexual abuse as a child and does not repress those memories of abuse, the statute of limitations for the plaintiff’s claim commences two years after the plaintiff reaches the age of majority March 2000 Illinois Law Update, Page 128 The plaintiff filed suit on January 10, 1996, alleging that the defendant sexually molested her on numerous occasions when she was a child.
The Lawyer’s Journal By Bonnie McGrath February 2000 Column, Page 62 Banks and title insurance; fees for foiled FOIA requests; crafting affirmative action plans; and more.
In malpractice action against local governmental entities, one-year limitation period of Tort Immunity Act applies December 1999 Illinois Law Update, Page 636 On October 21, 1999, the Illinois Supreme Court affirmed the judgment of the appellate court that the one-year limitation period in the Tort Immunity Act (745 ILCS 10/8-101 et seq (West 1996)).
Statute of limitations for certain sexual offenses extended; P.A. 91-475 October 1999 Illinois Law Update, Page 521 Public Act 91-475 extends the statute of limitations for certain sexual offenses by as much as nine years.
The Lawyer’s Journal By Bonnie McGrath September 1999 Column, Page 454 "Same part of the body'' rule update.
Informal requests for intervention to union stewards do not toll the six month statute of limitations under the Labor Management Relations Act July 1999 Illinois Law Update, Page 351 On May 24, 1999, the Seventh Circuit of the United States Court of Appeals affirmed the district court's dismissal of the plaintiff's suit on the basis of a statute of limitations violation.
An injured person may file a product liability suit within two years after the date of injury, even if the repose period expired in the meantime. May 1999 Illinois Law Update, Page 244 On March 18, 1999, the Illinois Supreme Court affirmed the judgment of the appellate court holding that even though the 10-year repose period expired between the time that Davis.
Six-month statute of limitations period does not apply to unfair labor practice claims under the National Labor Relations Act (NLRA) November 1998 Illinois Law Update, Page 596 On September 18, 1998, the Seventh Circuit of the United States Court of Appeals affirmed the district court's ruling that a six-month statute of limitations did not apply to the plaintiff's unfair labor practices suit against the defendant labor organization.