Paul Porvaznik – Business Litigator
Case Notes and Summaries of Recent Cases (State and Federal Courts – Illinois Focus)
The election of remedies doctrine clashes with Illinois alternative pleading rules in Evashank v. Miller Brewing Company, 2013 IL App (1st) 112987-U, a case involving a dispute over a misread beer promotional ticket. The plaintiff was given a promotional sticker at the Coach’s Corner bar that plaintiff thought read “win a million dollars”. It actually said “this …
Continue reading “Election of Remedies vs. Alternative Pleading In Illinois”
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 …
While there are nuances and some exceptions to it, the general rule is that only “final” orders are appealable. If a trial court’s order is final, the losing party can appeal it. If the order isn’t final – meaning, the case is still going on – the losing party can’t appeal it. Whether an order is final …