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by Alex Belotserkovsky

On March 25, 2022, Illinois’ First District Appellate Court issued an opinion in Casteel v. Jiminez affirming the dismissal of a petition (filed pursuant to 735 ILCS 5/2-1401) to set aside the judgment against the Defendant. The opinion contains an interesting analysis of the timeliness of filing a motion under 735 ILCS 5/2-1401 based on particular defenses.

The Case

Plaintiff alleged that in 2015, while Defendant was “conducting illegal activities” on a street in Chicago, the Defendant intentionally shot Plaintiff in both legs. The complaint filed by Plaintiff contained two counts: the first alleged negligence, and the

Continue Reading Appellate Court Finds Lack of Jury Trial Insufficient Reason to Set Aside Judgment Due to Untimely Challenge