DeLuna v. Burciaga

423 Citing cases

  1. Jain v. Johnson

    398 Ill. App. 3d 135 (Ill. App. Ct. 2010)   Cited 9 times
    Interpreting the ambiguous language in Illinois’ "saving statute" to create a limited one-year refiling exception to Illinois' legal malpractice statute of repose

    "Section 2-619 motions present a question of law, and we review rulings thereon de novo." DeLuna v. Burciaga, 223 Ill. 2d 49, 59 (2006). Moreover, where the determination of the motion involves an issue of statutory construction, we review the judgment de novo. Lee v. John Deere Insurance Co., 208 Ill. 2d 38, 43 (2003).

  2. Brandolino v. Schlak

    19-cv-00102 (N.D. Ill. Jul. 22, 2019)

    In Illinois, fraudulent concealment tolls the statute of repose until the plaintiff has had a reasonable opportunity to discover the malpractice. 735 Ill. Comp. Stat. 5/13-215; DeLuna v. Burciaga, 857 N.E.2d 229, 243 (Ill. App. Ct. 2006). Plaintiffs argue that Schlak's intentional failure to provide them with material information relating to the property sale constitutes fraudulent concealment, which tolled the statute of repose until they uncovered the fraud in 2017.

  3. Official Comm. of Unsecured Creditors of SGK Ventures v. NewKey Grp., LLC (In re SGK Ventures, LLC)

    521 B.R. 842 (Bankr. N.D. Ill. 2014)   Cited 17 times   3 Legal Analyses
    Categorizing constructive-fraud claims as subject to a "statute of repose"

    A statute of repose requires that an action be commenced within a fixed period of time, “regardless of a potential plaintiff's lack of knowledge of his or her cause of action.” DeLuna v. Burciaga, 223 Ill.2d 49, 306 Ill.Dec. 136, 857 N.E.2d 229, 237 (2006).

  4. Evanston Ins. Co. v. Riseborough

    2014 IL 114271 (Ill. 2014)   Cited 202 times   1 Legal Analyses
    Finding the defendant had forfeited its argument raised for the first time in a motion to reconsider

    A motion to dismiss under section 2–619 “admits the legal sufficiency of the plaintiffs' complaint, but asserts an affirmative defense or other matter that avoids or defeats the plaintiffs' claim.” DeLuna v. Burciaga, 223 Ill.2d 49, 59, 306 Ill.Dec. 136, 857 N.E.2d 229 (2006). The circuit court's dismissal of a complaint pursuant to section 2–619 is reviewed de novo.

  5. Cangelosi v. Law Offices of John Pankau, P.C.

    2014 Ill. App. 2d 130915 (Ill. App. Ct. 2014)

    3(c) provides a six-year statute of repose. 735 ILCS 5/13-214.3(b) (West 1994). ¶ 31 Subsection 13-214.3(d) contains an exception to subsections (b) and (c). DeLuna v. Burciaga, 223 Ill. 2d 49, 74 (2006). Subsection 13-214.3(d) provides distinct repose periods that apply when the injury caused by the malpractice does not occur until the client's death.

  6. Ralda-Sanden v. Sanden

    2013 Ill. App. 121117 (Ill. App. Ct. 2013)   Cited 21 times
    Holding equitable tolling permitted a woman to bring a complaint to establish the paternity of her father where her mother withheld information that the father was alive due to threats to kill her and her family

    DeSmet v. County of Rock Island, 219 Ill.2d 497, 504, 302 Ill.Dec. 466, 848 N.E.2d 1030 (2006). We review the trial court's grant of a section 2–619 motion to dismiss de novo. DeLuna v. Burciaga, 223 Ill.2d 49, 59, 306 Ill.Dec. 136, 857 N.E.2d 229 (2006). ¶ 18 Section 8(a)(1) of the Parentage Act requires that a parentage action brought by or on behalf of a child “shall be barred if brought later than 2 years after the child reaches the age of majority.”

  7. Damor Am., an Ill. Corp. v. Gonzalez

    2016 Ill. App. 143685 (Ill. App. Ct. 2016)

    Clay v. Kuhl, 189 Ill. 2d 603, 613 (2000). However, in DeLuna v. Burciaga, 223 Ill. 2d 49 (2006), the Illinois Supreme Court expressed an exception to the general rule where the existence of a fiduciary relationship is clearly established. Id. at 76.

  8. Standard Mutual v. Rogers

    381 Ill. App. 3d 196 (Ill. App. Ct. 2008)   Cited 3 times
    Holding that notice of appeal, received by circuit court clerk more than 30 days after trial court's final judgment, was timely where the notice was mailed within the applicable period

    Statutory construction requires the reviewing court to determine and give effect to the legislature's intent. DeLuna v. Burciaga, 223 Ill. 2d 49, 857 N.E.2d 229 (2006). The primary indicator of legislative intent is the statute's plain language.

  9. Mohamed v. Donald J. Nolan, Ltd.

    967 F. Supp. 2d 647 (E.D.N.Y. 2013)   Cited 8 times

    “[A] statute of limitations governs the time within which lawsuits may be commenced after a cause of action has accrued, while a statute of repose extinguishes the action itself after a fixed period of time, regardless of when the action accrued.” DeLuna v. Burciaga, 223 Ill.2d 49, 306 Ill.Dec. 136, 857 N.E.2d 229, 237 (2006). The statute of repose, however, is not absolute. Similar to New York law, Illinois law permits tolling of the statute of repose if the plaintiff can satisfy the requirements of equitable estoppel. A party claiming estoppel must prove:

  10. People v. Hawkins

    2011 IL 110792 (Ill. 2011)   Cited 23 times
    In Hawkins, the Illinois Supreme Court considered an Illinois statute that provided that the assets of a committed person could be subject to a claim for reimbursement by the Illinois Department of Corrections.

    Id. Thus, when the language of the statute is clear and unambiguous, it must be applied as written without resort to extrinsic aids or tools of interpretation. Id.; DeLuna v. Burciaga, 223 Ill. 2d 49, 60 (2006). The statute should be read as a whole and construed so as to give effect to every word, clause, and sentence; we must not read a statute so as to render any part superfluous or meaningless.