Articles From Madison Lewandowski

“Relating Back” Additional Allegations Against a Defendant for the Conduct of a Previously Unnamed Employee/Agent After the Statue of Limitations Has Expired By Jeffrey A. Schulkin & Madison Lewandowski Tort Law, December 2024 Under certain circumstances, additional allegations may be added against a defendant after the statute of limitations has expired for the conduct of a previously unnamed employee/agent. The Illinois “relation-back” statute, 735 ILCS 5/2-616(b) (2002), allows additional allegations against a defendant for one of its previously unnamed agents/employees filed after the statute of limitations has expired, if the allegations arise out of the same, or substantially similar occurrence as stated in the timely filed pleading. 

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