In action alleging that defendants breached contract calling for plaintiff-law firm to provide legal services, under circumstances where plaintiff sent engagement letter, which set forth hourly fees and other terms, which was never signed by defendants, and where plaintiff nevertheless provided said legal services, Dist. Ct. did not err in dismissing as untimely plaintiff’s related claim for unjust enrichment, since: (1) applicable limitations period for such claim was five years; (2) said services were rendered in 2009, and thus any claim accrued on date said services were provided; and (3) plaintiff waited until 2016 to file instant lawsuit. However, Dist. Ct. erred in dismissing as untimely plaintiff’s breach of contract claim, since: (1) instant engagement letter, though unsigned, qualified as written contract for purposes of Illinois limitations law; and (2) applicable limitations period for written contracts is 10 years. Ct. rejected Dist. Ct.’s belief that fact that defendants had not signed engagement letter meant that five-year limitations period for unwritten contracts applied.
Federal 7th Circuit Court
Civil Court
Statute of Limitations