Subject Index Statutes of Limitation and Repose

On March 18, 2021, the Illinois Supreme Court held that the single-publication rule does not apply to defamatory material screened multiple times.

On June 21, 2019, the Second District Appellate Court affirmed the trial court’s dismissal of the plaintiff’s tort claims because they were barred by the two-year 735 ILCS 5/13-202 statute of limitations.

The Appellate Court of Illinois held that when there is a sudden traumatic injurious event, the resulting cause of action accrues and the statute of limitations begins to run on the date the injury occurs.

On February 21, 2014, the Illinois Supreme Court held that the time limits for claims against attorneys arising out of the performance of professional services apply to actions by non-clients, resolving a split among the districts of the appellate court.

On January 24, 2014, the Illinois Supreme Court held that a fraudulent misrepresentation claim in a contract action for property damage is subject to a five-year statute of limitations.

On October 18, 2013, the Illinois Supreme Court held that a motorist's claim against the driver in a personal injury action was time-barred after the motorist-plaintiff failed to substitute the personal representative for the deceased driver's estate before the statute of limitations expired.

On October 18, 2012, the Illinois Supreme Court held that a two-year contractual limitation on claim arbitration between an automobile insurer and its insured does not violate Illinois public policy, even when the incident giving rise to the claim occurred in a state with a longer statute of limitations.

On September 5, 2012, the fifth district appellate court held that the three-year statute of limitations in section 3-118(g) of the Uniform Commercial Code ("UCC") should be applied to actions for conversion of negotiable instruments even in situations where plaintiffs are not reasonably able to discover the loss within the time limit. 810 ILCS 5/3-118(g) (West 2010).

A plaintiff is allowed to correct the mistaken identity of a defendant in a suit to establish liability under the Dramshop Act when the relation-back factors of state law are satisfied, according to the Appellate Court for the Fourth District of Illinois.

On August 30, 2011, the Appellate Court for the Third District of Illinois reversed a circuit court's denial of a motion to compel arbitration.

On July 22, 2011, the 4th District Appellate Court reversed the lower court's decision granting the Town of Normal's motion to dismiss plaintiff Mary Collins' retaliatory-discharge claim. Since Collins' claim was brought under the Workers' Compensation Act, there is an exception to the Local Governmental and Governmental Employees Tort Immunity Act (Tort Immunity Act), and her claim is not time-barred by the one-year statute of limitations in section 8-101(a).

On July 8, 2010, the Appellate Court of Illinois, Fifth District, reversed a motion to dismiss from the Circuit Court of Randolph County, finding that an amended complaint is not necessary when the administrator of an estate is not appointed until after a wrongful death action is filed.

Illinois lawmakers amended the Criminal Code of 1961 to allow prosecution of child pornography offenses to be undertaken "at any time."  

On November 25, 2009, the Illinois Appellate Court, First District, affirmed the Circuit Court of Cook County's grant of defendant's motion to dismiss, in a complaint against the defendant for injuries the plaintiff sustained as a result of alleged sexual abuse.

On April 21, 2008, the Illinois Appellate Court, Second District, answered two certified questions relating to a premarital agreement in the negative and remanded the cause to the Circuit Court of Lake County for additional proceedings.

The Code of Civil Procedure has been amended by the addition of section 13-202.3. 735 ILCS 5/13-202.3. 

On December 13, 2007, the Illinois Supreme Court reversed the judgment of the appellate court and the Circuit Court of Knox County, holding the passage of time between a plaintiff's voluntary dismissal and refiling is not included in considering the plaintiff's diligence under Supreme Court Rule 103(b). 

In order to protect the rights of the criminally accused, the Illinois General Assembly amended the Criminal Code of 1961 (Code), 720 ILCS 5/1 et seq, to provide penalties for confessions given under duress. 

The Illinois General Assembly has created a new statute of limitations for the Predator Accountability Act. 735 ILCS 5/13-225.