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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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 …
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 …