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 …
Tag Archives: motion to dismiss
Piercing the Corporate Veil Not a Standalone Cause of Action: It’s A Remedy – IL Court Rules
Gajda v. Steel Solutions Firm, Inc., 2015 IL App (1st) 142219, stands as a recent discussion of the standards governing section 2-619 motions, successor liability and whether piercing the corporate veil is a cause of action or only a remedy for a different underlying legal claim. The plaintiffs alleged they were misclassified as independent contractors instead …
Motions to Dismiss Where The Same Parties Are (Already) Litigating In Another Forum
In Hergan v. Pawlan Law, LLC (2013 IL App 1st) 113812-U, the First District applies the “same parties, same cause” motion to dismiss rule. The plaintiff sued defendant and her lawyer based on fraudulent statements made in connection with various loan transactions stemming from a realty investment contract. There were some four (4) other lawsuits pending …