Statute of Limitations/Repose

Arjmand v. Mirabelli, 2017 IL App (1st) 162225-U

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In this unpublished opinion, the First District affirmed the dismissal of a malpractice claim on statute of limitations grounds. The court rejected the plaintiff’s argument that defendants were equitably estopped from raising a statute of limitations defense because defendants told plaintiff that their strategy was correct finding that the defendants did not knowingly make any false representations. The court held that a trial court order vacating a marital settlement agreement damaged the malpractice plaintiff because it imposed costs of further litigation, even though the damages may have been speculative at that time. The court further held that the plaintiff knew of the injury when he received the order.

Arjmand v. Mirabelli, 2017 IL App (1st) 162225-U

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

 

 

Barefoot Architect , Inc. v. Sabo & Zahn, 2017 IL App (1st) 162616-U

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In this unpublished opinion, the First District affirmed the dismissal of a legal malpractice claim on statute of limitations grounds and a breach of fiduciary duty claim resulting from a bankruptcy case where the plaintiff had hired attorneys other than the defendants to represent in those proceedings. The court held that, ordinarily, a cause of action for malpractice accrues when a court enters an adverse judgment against a malpractice plaintiff. Here, the statute of limitations had run even using the date the appellate court entered an adverse judgment against the plaintiff. The court held that the lawyers’ statements that the court had erred did not establish were insufficient to preclude application of the statute of limitations under theories of fraudulent concealment or equitable estoppel.

Barefoot Architect , Inc. v. Sabo & Zahn, 2017 IL App (1st) 162616-U

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

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.)

 

Recent Illinois Case: Terra Foundation for American Art v. DLA Piper LLP

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The First District affirmed the dismissal of a legal malpractice case on statute of repose grounds.  The court held that, in both transactional and litigation malpractice cases, the statute of repose begins to run when the event giving rise to the malpractice claim occurs, regardless of whether an injury has occurred or been recognized.  The court rejected the argument that the statute does not begin to run in transactional malpractice cases until the last act of representation.

Terra Foundation for American Art v. DLA Piper LLP, 2016 IL App (1st) 153285.

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

Recent Illinois Case: Harmata v. Scott & Kraus LLC

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In this unpublished opinion, the First District affirmed the dismissal of a legal malpractice claim on statute of repose grounds.   The court noted that the statute of repose is not tolled by the discovery rule and begins to run when the event giving rise to the claim occurs, regardless of whether the plaintiff’s injury has been realized.   The court also held that the attorneys did not waive or forfeit  their statute of repose defense when they asserted an attorney’s lien after the expiration of the repose period.

Harmata v. Scott & Kraus LLC, 2016 IL App (1st) 152359-U

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