Richter v. Prairie Farms Dairy, Inc.’s, (2016 IL 119518) essential holding is that a prior dismissal without prejudice doesn’t convert to a final order for res judicata or appeal purposes where a plaintiff fails to amend the dismissed pleading within the time deadline set by the court and the movant defendant doesn’t seek a dismissal …
Tag Archives: civil procedure
Defendant Doesn’t Abandon Counterclaim By Failing to Replead It In Response to Amended Complaint – Ohio Fed. Court
I recently faced this procedural quandary: Plaintiff (that’s us) filed a complaint. Defendant responded by filing an answer and counterclaim. After receiving court leave, and before responding to the counterclaim, we amended the complaint. Defendant answered the amended complaint and filed affirmative defenses but did not replead its counterclaim. Defendant later threatened to default us if we didn’t answer its prior counterclaim. I …
“I Just Work Here”: Service on Corporate “Employee” Not The Same As Service On Corporate “Agent” – IL Court
Route 31, LLC, v. Collision Centers of America, 2015 IL App (2d) 150344-U examines the law and facts that determine whether service of process on a corporation complies with Illinois law. The plaintiff served its lawsuit on the defendant’s office manager and eventually won a default judgment. About nine months later, the corporation moved to quash service and …