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 …
Tag Archives: Statute of Limitations
Third-Party Beneficiary Claims in Public Construction Contracts – Illinois Law
Lake County Grading Company, LLC v. The Village of Antioch, 2013 IL App (2d) 120474, 985 N.E.2d 638 (2nd Dist. 2013), illustrates the importance of joining an alternative common law claim with a statutory one when the statutory claim is time-barred. The plaintiff subcontractor sued a public entity under a third-party beneficiary theory for improvements …
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Illinois’ Contribution Law and the ‘Savings’ Statute
Illinois has a 2 year statute of limitations (SOL) for contribution claims. Contribution applies where two or more defendants have common liability to an injured plaintiff. 740 ILCS 100/1 (Illinois’s contribution statute). The idea is that each defendant responsible for injuring a plaintiff should pay his share of liability to the plaintiff. Section 13-204(b) of the …
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