A commercial lease dispute sets the backdrop for an appeals court’s nuanced discussion of statutory holdover damages and when res judicata and claim-splitting defeat a second lawsuit involving similar facts to and subject matter of an earlier case. For many years, the tenant in Degrazia v. Levato operated “Jimbo’s” – a sports bar set in …
Tag Archives: claim-splitting
No Claim-Splitting or Res Judicata Issue Where Bank Refiles Breach of Note Claim After Prior DWP – From the Illinois Archives
BankFinancial, FSB v. Tandon, 2013 IL App (1st) 113152 serves as fairly recent reminder of the possible pitfalls that await a plaintiff who chooses to voluntarily dismiss or non-suit certain complaint counts when other counts of the complaint are involuntarily dismissed – such as by a motion to dismiss filed by a defendant. The strategic reasons …
N.D.Ill. Examines Res Judicata and Claim-Splitting Doctrines
In Tank v. T-Mobile USA, Inc., 2013 WL 4401375, the Northern District of Illinois examined the reach of the res judicata and claim-splitting doctrines in an employment discrimination suit. In 2012, the plaintiff sued T-Mobile, his former employer, for employment discrimination and for violating the Telecommunications Act of 1996, 47 U.S.C. § 201 et seq. (the …
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