Publications

Section Newsletter Articles on Statute of Limitations

Wrongful death actions: The statute of limitations for a legally disabled plaintiff By Julie Klein and Brian LaCien Tort Law, September 2015 Looking to Illinois precedent and a recent case in the Northern District of Illinois, this article discusses whether the statute of limitations will bar a legally disabled plaintiff from filing an otherwise untimely claim under the Wrongful Death Act.
Henderson Square Condominium Association v. LAB Townhomes, LLC raises statute of limitations issues By Clifford J. Shapiro Construction Law, February 2015 A new Illinois ruling enforces cause of action accrual provisions and holds that express indemnity claims in a construction contract are subject to a 10-year statute of limitations.
Legally disabled can toll the statute of limitations By Stephen Sotelo Trusts and Estates, October 2014 On August 26, 2014, after passing both houses of the General Assembly unanimously, the Governor signed HB5512 into law, allowing more persons to toll the statute of limitations on account of legal disability.
More legally disabled are now able to toll statute of limitations By Stephen Sotelo Civil Practice and Procedure, September 2014 Public Act 098-1077 goes into effect on January 1, 2015, and it will apply to actions commenced or pending after that date.
More legally disabled are now able to toll statute of limitations By Stephen Sotelo Elder Law, September 2014 Public Act 098-1077 goes into effect on January 1, 2015, and it will apply to actions commenced or pending after that date.
Amending “under a legal disability” to toll the statute of limitations for plaintiffs with locked-in syndrome By James P. Looby Tort Law, December 2012 Plaintiffs in personal injury actions who suffer from locked-in syndrome are not necessarily afforded the same protections as plaintiffs with other known disabilities. 
‘Know thy enemy and know thyself’ By John T. Hundley Bench and Bar, April 2009 As a recent decision by the Illinois Appellate Court demonstrates, failure to know—and properly name—your party-opponent can have drastic and even fatal consequences.
10-Year limitations period applies to indemnity suit By Robert T. Park Civil Practice and Procedure, August 2008 In Travelers Casualty & Surety Co. v. Bowman, Docket No. 103759, 2008 WL 2837323 (July 24, 2008), the Supreme Court held that the 10-year statute of limitations applied to a suit on a written indemnity agreement arising from defaults under construction contract performance bonds.
Statute of Limitations for minors in legal malpractice clarified By Jamie L. Bas Young Lawyers Division, December 2006 Determining the appropriate statute of limitations is one of the first steps any lawyer does when evaluating a cause of action.
Clerk hands back complaint—Case barred by statute of limitations By Robert Handley Civil Practice and Procedure, November 2006 In Union County, the Circuit Clerk’s Office closes at 4:00 p.m. and not a minute later. Unfortunately, the plaintiff learned that the hard way. Roach v. Coastal Gas Station, 363 Ill. App. 3d 674, 843 N.E.2d 393 (5th Dist. 2005).