Publications

Articles on Statutes of Limitation and Repose

Limitation period in Public Construction Bond Act is merely a minimum

April
2006
Illinois Law Update
Page 174
On 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).

Illinois Supreme Court 2004: Taking on the Tough Issues

By Nancy J. Arnold and Tim Eaton
April
2005
Article
Page 174
Last year the court confronted contentious issues that matter not just to lawyers but to the public at large.

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 und

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 S. 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.

Pages

Select a Different Subject