equitable tolling permits a court doctrine (Illinois) · Go Syfert
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equitable tolling permits a court doctrine in Illinois

7 Illinois opinions name it 2 courts 2011–2023 1 in the last five years

The cases below were cited by Illinois courts in a sentence that names this issue. Sides come from how each citing opinion treated the case (Syfertize flag on that citation), so a case can appear on both: that is where the law is contested. A red or yellow chip is the case's own overall treatment.

Followed or applied (5)

CaseFollowedCited
Williams v. Board of Reviewgreen
ill · 2011 · cited in 4 Illinois opinions naming this issue, 2013–2023
2 sentences

2023In particular, defendants point to “an irredeemable lack of information in responses to their interrogatories and subpoenas, coupled with the COVID-19 pandemic which delayed [p]laintiff’s deposition until September 10, 2020.” ¶ 42 “Generally, the doctrine of equitable tolling permits a court to excuse a plaintiff’s failure to comply with a statute of limitations where because of disability, irremediable lack of information, or other circumstances beyond his control, the plaintiff cannot reasonably be expected to file suit on time.” (Internal quotation marks omitted.) Williams v. Board of Revie

2023In particular, defendants point to “an irredeemable lack of information in responses to their interrogatories and subpoenas, coupled with the COVID-19 pandemic which delayed [p]laintiff’s deposition until September 10, 2020.” ¶ 42 “Generally, the doctrine of equitable tolling permits a court to excuse a plaintiff’s failure to comply with a statute of limitations where because of disability, irremediable lack of information, or other circumstances beyond his control, the plaintiff cannot reasonably be expected to file suit on time.” (Internal quotation marks omitted.) Williams v. Board of Revie

44
Miller Amf v. Runyongreen
ca7 · 1996 · cited in 4 Illinois opinions naming this issue, 2011–2014
2 sentences

2014We disagree. ¶ 25 “Generally, the doctrine of equitable tolling permits a court to excuse a plaintiff’s failure to comply with a statute of limitations where ‘because of disability, irremediable lack of information, or other circumstances beyond his control,’ the plaintiff cannot reasonably be expected to file suit on time.” Williams v. Board of Review, 241 Ill. 2d 352, 360 (2011) (quoting Miller v. Runyon, 77 F.3d 189, 191 (7th Cir. 1996)).

2013“Generally, the doctrine of equitable tolling permits a court to excuse a plaintiff’s failure to comply with a statute of limitations where ‘because of disability, irremediable lack of information, or other circumstances beyond his control,’ the plaintiff cannot reasonably be expected to file suit on time.” Williams v. Board of Review, 241 Ill. 2d 352, 360 (2011) (quoting Miller v. Runyon, 77 F.3d 189, 191 (7th Cir. 1996)).

44
Clay v. Kuhlgreen
ill · 2000 · cited in 1 Illinois opinions naming this issue, 2023–2023
2 sentences

2023“Equitable tolling *** may be appropriate if the defendant has actively misled the plaintiff, *** if the plaintiff has been prevented from asserting his or her rights in some extraordinary way, or if the plaintiff has mistakenly asserted his or her rights in the wrong forum.” Clay v. Kuhl, 189 Ill. 2d 603, 614 , 727 N.E.2d 217, 223 (2000).

2023“Equitable tolling *** may be appropriate if the defendant has actively misled the plaintiff, *** if the plaintiff has been prevented from asserting his or her rights in some extraordinary way, or if the plaintiff has mistakenly asserted his or her rights in the wrong forum.” Clay v. Kuhl, 189 Ill. 2d 603, 614 , 727 N.E.2d 217, 223 (2000).

11
W. Kenneth Tregenza, James E. Haas, and Erwin B. Seegers v. Great American Communications Company and Shearson Lehman Brothers, Incorporatedgreen
ca7 · 1993 · cited in 1 Illinois opinions naming this issue, 2015–2015
1 sentence

2015We find the following statement by our supreme court instructive: “Generally, the doctrine of equitable tolling permits a court to excuse a plaintiff’s failure to comply with a statute of limitations where ‘because of disability, irremediable lack of information, or other circumstances beyond his control,’ the plaintiff cannot reasonably be expected to file suit on time. [Citation.] Unlike the related doctrine of equitable estoppel, equitable tolling requires no fault on the part of the defendant. [Citation]; see also Tregenza v. Great American Communications Co., 12 F.3d 717, 721 (7th Cir. 19

11
Judy Lehman, Wife Mark Lehman, Husband v. United States of America, Judy Lehman, Wife Mark Lehman, Husband v. United Statesgreen
ca9 · 1998 · cited in 1 Illinois opinions naming this issue, 2015–2015
1 sentence

2015We find the following statement by our supreme court instructive: “Generally, the doctrine of equitable tolling permits a court to excuse a plaintiff’s failure to comply with a statute of limitations where ‘because of disability, irremediable lack of information, or other circumstances beyond his control,’ the plaintiff cannot reasonably be expected to file suit on time. [Citation.] Unlike the related doctrine of equitable estoppel, equitable tolling requires no fault on the part of the defendant. [Citation]; see also Tregenza v. Great American Communications Co., 12 F.3d 717, 721 (7th Cir. 19

11

Distinguished, questioned or overruled (0)

CaseNegativeCited
No negative-treatment citations attached to this issue in Illinois. Read the followed side critically anyway.

Also cited on this issue (3)

CaseCitedYears
Tolbert v. Godinez green
illappct · 2020
1 sentence

2020“The doctrine of equitable tolling permits a court to excuse a plaintiff’s failure to comply with a statute of limitations where because of disability, irremediable lack of information, or other circumstances beyond his control, the plaintiff cannot reasonably be expected to file suit on time.” (Internal quotation marks omitted.) Tolbert v. Godinez, 2020 IL App (4th) 180587, ¶ 24 .

12020–2020
In re Parentage of Scarlett Z.-D. green
ill · 2015
1 sentence

2020“To establish equitable estoppel, the party claiming estoppel must demonstrate [among other things] that *** the other party misrepresented or concealed material facts [and that] the other party knew at the time the representations were made that the representations were untrue.” In re Parentage of Scarlett Z.-D., 2015 IL 117904, ¶ 25 . ¶ 24 Defendant correctly recognizes that these principles have been applied in civil cases, but he cites no authority applying them to bar a timeliness challenge to a section 2-1401 petition.

12020–2020
American Family Mutual Insurance Company v. Plunkett green
illappct · 2014
2 sentences

2015We find the following statement by our supreme court instructive: “Generally, the doctrine of equitable tolling permits a court to excuse a plaintiff’s failure to comply with a statute of limitations where ‘because of disability, irremediable lack of information, or other circumstances beyond his control,’ the plaintiff cannot reasonably be expected to file suit on time. [Citation.] Unlike the related doctrine of equitable estoppel, equitable tolling requires no fault on the part of the defendant. [Citation]; see also Tregenza v. Great American Communications Co., 12 F.3d 717, 721 (7th Cir. 19

2015This court has stated that “equitable tolling” may also be appropriate “if the defendant has actively misled the plaintiff.” (Internal quotation marks omitted.) Id.

12015–2015

Statutes the citing opinions construe

IL § 735 ILCS 5/2-619 (5)

Counted by distinct opinions that both name this issue and are annotated to the section; sections every opinion cites regardless of issue are not filtered here, so read the counts against the total above.

Where else courts name it

NE 8 (2018–2025) IL 7 (2011–2023) WA 6 (2000–2017)

Opinions by the citing court's state. A doctrine retained in one state and abandoned in another shows up here as a year span that stalls.

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