Publications

Arnold v. Kapraun, P.C.

Illinois Appellate Court
Civil Court
Statutes of Limitations
Citation
Case Number: 
2018 IL App (1st) 172854
Decision Date: 
Wednesday, December 26, 2018
District: 
1st Dist.
Division/County: 
Cook Co., 2d Div,
Holding: 
Affirmed.
Justice: 
HYMAN

(Court opinion corrected 1/14/19.) Appellate court reversed class certification in Telephone Consumer Protection Act (TCPA) action, and remanded for further proceedings as Plaintiff clinic's individual action remained viable. Clinic then filed Petition for Leave to Appeal (PLA). Court properly dismissed complaint for expiration of statute of limitations, as Petition for Leave to Intervene as class representative was untimely filed. Once statute of limitations tolls for absent class members, the statute begins to run again the day the Supreme Court denies PLA. Petition to intervene was filed 89 days after denial of PLA, although only 64 days remained before expiration of 4-year statute of limitations for TCPA actions, at time of denial of PLA. (MASON and PUCINSKI, concurring.)