The Illinois Supreme Court Sheds Light on the “Gray Areas” of the Relation-Back Doctrine in Porter v. Decatur Memorial Hospital
By Michele M. Jochner
General Practice, Solo, and Small Firm,
April 2008
The question presented in Porter v. Decatur Memorial Hospital, Docket No. 104441 (Jan. 25, 2008), was whether, pursuant to section 2-616(b) of the Code of Civil Procedure (735 ILCS 5/2-616(b)(West 2004)), count III of plaintiff’s second amended complaint related back to his timely-filed original and first amended complaints and, therefore, whether plaintiff’s motion for leave to file a second amended complaint was improperly denied as time-barred.
The Illinois Supreme Court Sheds Light on the “Gray Areas” of the Relation-Back Doctrine in Porter v. Decatur Memorial Hospital
By Michele M. Jochner
Civil Practice and Procedure,
March 2008
The question presented in Porter v. Decatur Memorial Hospital, 2008 Ill. LEXIS 10, Docket No. 104441 (Jan. 25, 2008), was whether, pursuant to section 2-616(b) of the Code of Civil Procedure (735 ILCS 5/2-616(b)(West 2004)), count III of plaintiff’s second amended complaint related back to his timely-filed original and first amended complaints and, therefore, whether plaintiff’s motion for leave to file a second amended complaint was improperly denied as time-barred.
The Illinois Supreme Court sheds light on the “gray areas” of the relation-back doctrine in Porter v. Decatur Memorial Hospital
By Michele M. Jochner
Bench and Bar,
March 2008
The question presented in Porter v. Decatur Memorial Hospital, Docket No. 104441 (Jan. 25, 2008), was whether, pursuant to section 2-616(b) of the Code of Civil Procedure (735 ILCS 5/2-616(b)(West 2004)), count III of plaintiff’s second amended complaint related back to his timely-filed original and first amended complaints and, therefore, whether plaintiff’s motion for leave to file a second amended complaint was improperly denied as time-barred. Chief Justice Robert Thomas, writing for a unanimous Illinois Supreme Court, answered these questions in the affirmative.
Select a Different Subject
