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Paul Porvaznik – Business Litigator

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

Tag Archives: want of prosecution

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 …

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Posted byPaulPNovember 9, 2015November 14, 2017Posted inCivil ProcedureTags: claim-splitting, DWP, Hudson, non-suit, Noyes, Rein, res judicata, voluntary dismissal, want of prosecution
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