Statute of Limitations

Recent Illinois Case: First Bank and Trust v. Crowley, Barrett & Karaba

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Dismissal based on the statute of limitations reversed. The Appellate Court held there were issues of fact regarding when the plaintiff bank was injured. The court explained that the bank was not damaged by an inaccurate legal description of real estate in a foreclosure judgment at the time the judgment was entered because the judgment was in the bank’s favor. Rather, the bank was damaged when it had to expend funds to correct the error.

First Bank and Trust Company of Illinois v. Crowley, Barrett & Karaba, Ltd., 2015 IL App (1st) 141985-U

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

Recent Illinois Case: Rodi v. Horstman

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This case involves alleged malpractice within malpractice, i.e., a lawyer retained to prosecute a complaint against a lawyer was himself accused of malpractice. The court held that, because the first case was barred by the statute of limitations, the second lawyer’s failure to file a timely notice of appeal from its dismissal did not cause any loss.

Rodi v. Horstman, 2015 IL App (1st) 142787

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

Recent Illinois Case: Carlson v. Fish

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In this recent case, the legal malpractice plaintiff contended that he entered into a settlement agreement that was procured by fraud.   He later sued his attorneys for legal malpractice.   The First District upheld dismissal with prejudice based on the statute of limitations.   The Court held that the statute of limitations started running when the plaintiff knew or should have known that he had been defrauded, as opposed to when he advised by other lawyers that he may have a legal malpractice claim.

Carlson v. Fish, 2015 IL App (1st) 140526.

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

Sorenson v. Law Offices of Theodore Poehlmann, 327 Ill. App. 3d 706, 764 N.E.2d 1227 (2d Dist. 2002)

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Sorenson v. Law Offices of Theodore Poehlmann, 327 Ill. App. 3d 706, 764 N.E.2d 1227 (2d Dist. 2002) (rejecting continuous representation doctrine)

Hester v. Diaz, 346 Ill. App. 3d 550, 805 N.E.2d 255 (5th Dist. 2004)

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Hester v. Diaz, 346 Ill. App. 3d 550, 805 N.E.2d 255 (5th Dist. 2004) (concealment)

Witt v. Jones & Jones Law Offices, P.C., 269 Ill. App. 3d 540, 646 N.E.2d 23 (4th Dist. 1995)

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Witt v. Jones & Jones Law Offices, P.C., 269 Ill. App. 3d 540, 646 N.E.2d 23 (4th Dist. 1995) (no continuous representation rule)

McIntosh v. Cueto, 323 Ill. App. 3d 384, 752 N.E.2d 640 (5th Dist. 2001)

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McIntosh v. Cueto, 323 Ill. App. 3d 384, 752 N.E.2d 640 (5th Dist. 2001) (failure to respond to inquiries was not concealment)