Advanced Credit, Inc. v. Linares, 2012 IL App (1st) 121574-U is a fairly recent case illustration of what happens when two statutes of limitation with widely varying time lengths potentially govern the same case. The defendant in Linares signed a promissory note in 2002 that was payable to the defendant “upon demand.” The plaintiff payee …
Category Archives: Civil Procedure
Rule 103(b): Plaintiff’s Year-Long Delay In Serving Lawsuit Merits Dismissal For Lack of Diligence – IL 1st Dist.
Illinois Supreme Court Rule 103(b) requires a plaintiff to exercise diligence in serving a defendant. The rule is based on the principle that litigation should have an end-date and not languish. Rule 103(b) also heightens the probability that suits will be resolved when the underlying facts are fresh in the minds of the parties and …
Law Firm Not An Employment Agency – Can Recover In Quantum Meruit For Negotiating Personal Services Contract (IL Law)
Todd W. Musburger, Ltd. v. Meier, 394 Ill.App.3d 781 (1st 2009), while dated, is still post-worthy for its in-depth discussion of a lawyer’s quantum meruit recovery from a client after the client fires the lawyer under a contingent fee contract. The defendant radio personality had previously hired the plaintiff law firm under a multi-year …