Reynolds v. Jimmy John’s Enterprises, LLC, 2013 IL App (4th) 120139 reads like a mini-compendium of Illinois pleadings rules for its detailed discussion of Code Section 2-615, 2-619, and 2-1005 motion practice. Facts: The plaintiff motorcyclist sustained serious injuries when he was hit by a Jimmy John’s delivery driver in Springfield, Illinois. The plaintiff brought negligence claims against the …
Category Archives: Civil Procedure
Discovery Rule Saves Plaintiffs’ Fraud Claims Against Investment Firm (IL – 2d Dist)
Rasgaitis v. Waterstone Financial Group, Inc., 2012 IL App (2d) 111112-U, a 20-plus page Second District case, presents a detailed synopsis of Illinois agency law, the discovery rule and the “forward-looking” fraud rule (statements of future intent or opinion do not equal fraud). Facts: The plaintiffs sued the defendant financial services firm and two of its agents for fraud …
Those Slippery People: Six (6) Failed Service Attempts Not Enough For Service by Special Order of Court (IL Law)
Code Section 2-203.1, titled “Service by Special Order of Court” allows a plaintiff to request service by alternative or “comparable” means when faced with an elusive defendant. 735 ILCS 5/2-203.1. The statute requires a supporting affidavit that details the specific attempts made to locate a defendant and permits the court to authorize service in a manner that complies with due …