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Paul Porvaznik – Business Litigator

Case Notes and Summaries of Recent Cases (State and Federal Courts – Illinois Focus)

Tag Archives: franchise

Italian Lawsuit Filed Against Auto Repair Giant Dooms Later Illinois Lawsuit Under ‘Same Parties/Same Cause’ Rule

Where two lawsuits are pending simultaneously and involve the same parties and issues, the later filed case is generally subject to dismissal.  Illinois Code Section 2-619(a)(3) allows for dismissal where “there is another action pending between the same parties for the same cause.” Midas Intern. Corp. v. Mesa, S.p.A., 2013 IL App (1st) 122048, while …

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Posted byPaulPOctober 17, 2016October 18, 2016Posted inCivil ProcedureTags: 2-619, another action pending, franchise, license agreement, Mesa, Midas, motion to dismiss, same cause, same parties
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