The Illinois corporate “survival” statute, 805 ILCS 5/12.80, allows a plaintiff to sue a dissolved corporation for up to five years after the corporation’s existence ends. So, if a corporation was dissolved on April 29, 2014, a plaintiff who had a claim against the corporation prior to April 29, 2014, has through April 29, 2019 …
Tag Archives: Statute of Limitations
BMW Dealership Defeats Fraud Suit On Statute of Limitations Grounds (ND IL)
Occasionally, I’ll have a case that appears to be governed by two or more conflicting statutes of limitations. For example, one statute will give a plaintiff four years to file suit while an apparently equally applicable one compresses the time to sue to two years. As plaintiff, I usually (not always) argue for the longer limitations period to apply, while as …
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NM Supreme Court Reinstates Legal Malpractice Claim After Firm Blows Statute
After another weekend of binge-watching Walter, Hank, Skyler and crew, I definitely have the Land of Enchantment on the brain. How could I not after watching – no, strike that, after Devouring. Like a Rabid, Foaming-At-The-Mouth Animal! Seasons 4-5 of ABQ-based Breaking Bad over an eye-searing three-day period (with little more than a sporadic water break). An aside: do …
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