Statue of Limitations/Repose

Short v. Grayson

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The District Court for the Northern District of Illinois granted in part and denied in part motions to dismiss legal malpractice claims. The court dismissed the plaintiff’s claim that his attorneys committed malpractice by failing to bring derivative claims in the underlying action because the plaintiff had sold his stock in the relevant company before initiating the underlying litigation and, thus, lacked standing to bring any derivative claims on its behalf. The court further dismissed a claim that the plaintiff alleged should have been asserted against an individual because the statute of limitations on that claim had expired before the defendant attorney took over the underlying case for the plaintiff. The court denied the motion as to the plaintiff’s various other claims generally holding that the plaintiff had alleged sufficient facts to survive the motions to dismiss.

Short v. Grayson , No. 16 C 2150, 2017 WL 977001 (N.D. Ill. Mar. 14, 2017)

Hill v. Simmons

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In this unpublished opinion, the First District held that a complaint against a lawyer was properly dismissed as time-barred.   The court held that the plaintiff’s claims for fraud, aiding and abetting fraud, breach of fiduciary duty and conspiracy were properly subject to the two year attorney statute of limitations, and that the statute began to run when the plaintiff learned of the lawyer’s alleged misrepresentations.

Hill v. Simmons, 2017 IL App (1st) 160577-U

(This is for informational purposes and is not legal advice.)

Recent Illinois Case: Webb v. Maclin

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In this unpublished opinion, the Fifth District reversed the grant of summary judgment in favor of the defendant on statute of limitations and statute of repose grounds.  The Appellate Court held that there was an issue of fact regarding when the plaintiff knew or should have known of the alleged wrong; therefore, summary judgment was inappropriate with respect to the statute of limitations.   The court also held that summary judgment was inappropriate on the statute of repose because there was an issue of fact as to when the defendant’s last act of negligence occurred.

Webb v. Maclin, 2016 IL App (5th) 150230-U

(This is for informational purposes and is not legal advice.)