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: same cause
Fraud Suit Dismissed Where Prior Corporate Dissolution Claim Pending Between Parties – IL Court
Illinois courts aim to foster efficiency and finality in litigation. One way they accomplish this is by protecting people from repetitive lawsuits and requiring plaintiffs to bring all their claims in a single case. Consolidation of claims is encouraged while piecemeal “claim splitting” is discouraged. Code Section 2-619(a)(3) is a statutory attempt to streamline litigation. This …
Company’s Fraud Suit Versus Rival’s Ex-CFO Defeated by Prior Arbitration Award: Illinois Res Judicata Basics
The privity element of the res judicata doctrine focuses on whether two parties to two separate lawsuits have legal interests that are so intertwined they should be treated as the same parties. Privity is usually an easier question than the res judicata’s other well-settled components – whether the two cases stem from the same transaction and whether that first case was resolved via …