Publications

Articles on Statutes of Limitation and Repose

Molly’s Law gives some wrongful death claimants more time to sue

By Matthew Hector
September
2016
LawPulse
Page 12
Molly's Law gives plaintiffs more time to bring wrongful death cases that stem from some allegedly intentional and criminal conduct and allows disappointed FOIA requesters to ask the attorney general's office to review denials.

Applying the Illinois Construction Statute of Repose to Asbestos Litigation

By Cameron Turner and Jaime Bennett
December
2014
Article
Page 592
The Illinois construction statute of repose can be an effective defense in asbestos cases. This article shows how to use or challenge it.

Tort legislation medley

By Matthew Hector
October
2014
LawPulse
Page 466
The governor recently signed laws affecting UI/UIM arbitration, statutes of limitations for disabled plaintiffs, and service of process in gated communities.

Legal malpractice claims by clients and non-clients are subject to the same repose period

May
2014
Illinois Law Update
Page 220
On February 21, 2014, the Illinois Supreme Court held that the time limits for claims against attorneys arising out of the performance of professional services apply to actions by non-clients, resolving a split among the districts of the appellate court.

Fraudulent misrepresentation claim concerning construction project is subject to five-year statute of limitations

April
2014
Illinois Law Update
Page 168
On January 24, 2014, the Illinois Supreme Court held that a fraudulent misrepresentation claim in a contract action for property damage is subject to a five-year statute of limitations.

Claim against deceased driver was time barred when the plaintiff failed to substitute the correct party

January
2014
Illinois Law Update
Page 16
On October 18, 2013, the Illinois Supreme Court held that a motorist's claim against the driver in a personal injury action was time-barred after the motorist-plaintiff failed to substitute the personal representative for the deceased driver's estate before the statute of limitations expired.

Statutes of Limitation and Arbitration: Limiting Your Client’s Exposure

By Edward J. Underhill
May
2013
Article
Page 244
Don't assume that general statutes of limitation apply to Illinois arbitration claims - think about including a clause in your arbitration agreements to limit your client's exposure.

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.

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