Voluntarily dismissing 'without prejudice'? Don't be so sure

In the latest ISBA General Practice, Solo & Small Firm newsletter, Jewel Kline has a good summary of the dangers posed by the Illinois Supreme Court's 2008 decision in Hudson v. City of Chicago. "One would think that if [an] attorney who takes [a] voluntary dismissal puts the words 'without prejudice' in the dismissal order, the plaintiff’s claim would be safe [if filed again within the deadline]," she writes. "Not any more. The words 'without prejudice' in a voluntary dismissal order will not automatically prevent a re-filed case from being dismissed based on res judicata." How did we come to this point, and how can you avoid this trap? Read her article and find out.