Practice News

Hudson and subsequent caselaw is clear: If a plaintiff voluntarily dismisses a lawsuit after one count of a multicount complaint is dismissed with prejudice under either section 2-619 or section 2-1005 of the Illinois Code of Civil Procedure, any refiling will be barred by res judicata and the rule against claim-splitting (barring an exception). In his August 2019 Illinois Bar Journal article, “Don’t Overlook Hudson,” Adam T. Ernette, an associate at Wilson Elser Moskowitz Edelman & Dicker LLP in Chicago, uses Hudson v. City of Chicago as a starting point for a state-of-the-law analysis regarding res judicata and the rule against claim-splitting for attorneys considering taking a voluntary dismissal.

The Illinois Lawyers' Assistance Program (LAP) is seeking a bookkeeper/administrative assistant position. 

This part-time position reports to the executive director and provides support to the organization and staff in an effort to advance the organization’s mission of providing assistance to the Illinois legal community in the areas of substance use and mental health impairment.  

The State Bar of California is considering a proposal that would allow legal technicians to offer legal advice and nonlawyers to share fees with attorneys. Similar proposals have drawn criticism from Illinois State Bar Association leaders, who claim they would fundamentally shift the legal landscape.

 “It has been the consistent position of the Illinois State Bar Association that the practice of law is a privilege reserved for licensed lawyers,” said ISBA President David B. Sosin. “The sharing of fees with hedge funds, multi-national corporations, and nonlawyers has been a disaster in other countries. Most importantly, nothing in the California proposal, or similar proposals and plans, address the preeminent issue, which is the protection of the public.”

Unclear Seventh Circuit precedent and conflicting district court opinions have left unresolved whether corporate financial information is discoverable in relation to a punitive-damages claim in federal court. In his August 2019 Illinois Bar Journal article, “Cracking Open the Corporate Coffers,” Thomas A. Drysdale, a chambers law clerk to the Hon. Eric I. Long of the Central District of Illinois, argues that corporate wealth is discoverable, analyzes its admissibility, and proposes a solution to resolve the tension between the relevancy and admissibility questions.