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20 Illinois opinions name it 2 courts 1996–2016 0 in the last five years
The cases below were cited by Illinois courts in a sentence that names this issue. Sides come from how each citing opinion treated the case (Syfertize flag on that citation), so a case can appear on both: that is where the law is contested. A red or yellow chip is the case's own overall treatment.
| Case | Followed | Cited |
|---|---|---|
Rein v. David A. Noyes & Co.green2 sentences2016The rule is “founded on the premise that litigation should have an end and that no person should be unnecessarily harassed with a multiplicity of lawsuits.” Id. -5- No. 1-15-3388 ¶ 17 In Rein, our supreme court cautioned that a plaintiff’s statutory right, under sections 2- 1009 and 13-217 of the Code of Civil Procedure (735 ILCS 5/13-217 (West 2014)), to a voluntary dismissal within the limitations period did not “automatically immunize a plaintiff against the bar of res judicata or other legitimate defenses a defendant may assert in response to the refiling of voluntarily dismissed counts.” 2016The rule is “founded on the premise that litigation should have an end and that no person should be unnecessarily harassed with a multiplicity of lawsuits.” Id. -5- No. 1-15-3388 ¶ 17 In Rein, our supreme court cautioned that a plaintiff’s statutory right, under sections 2- 1009 and 13-217 of the Code of Civil Procedure (735 ILCS 5/13-217 (West 2014)), to a voluntary dismissal within the limitations period did not “automatically immunize a plaintiff against the bar of res judicata or other legitimate defenses a defendant may assert in response to the refiling of voluntarily dismissed counts.” | 2 | 17 |
Hudson v. City of Chicagogreen2 sentences2016The rule is “founded on the premise that litigation should have an end and that no person should be unnecessarily harassed with a multiplicity of lawsuits.” Id. -5- No. 1-15-3388 ¶ 17 In Rein, our supreme court cautioned that a plaintiff’s statutory right, under sections 2- 1009 and 13-217 of the Code of Civil Procedure (735 ILCS 5/13-217 (West 2014)), to a voluntary dismissal within the limitations period did not “automatically immunize a plaintiff against the bar of res judicata or other legitimate defenses a defendant may assert in response to the refiling of voluntarily dismissed counts.” 2016The rule is “founded on the premise that litigation should have an end and that no person should be unnecessarily harassed with a multiplicity of lawsuits.” Id. ¶ 17 In Rein, our supreme court cautioned that a plaintiff’s statutory right, under sections 2-1009 and 13-217 of the Code of Civil Procedure (735 ILCS 5/13-217 (West 2014)), to a voluntary dismissal within the limitations period did not “automatically immunize a plaintiff against the bar of res judicata or other legitimate defenses a defendant may assert in response to the refiling of voluntarily dismissed counts.” Rein, 172 Ill. 2d a | 2 | 10 |
Richter v. Prairie Farms Dairygreen2 sentences2016The rule is “founded on the premise that litigation should have an end and that no person should be unnecessarily harassed with a multiplicity of lawsuits.” Id. -5- No. 1-15-3388 ¶ 17 In Rein, our supreme court cautioned that a plaintiff’s statutory right, under sections 2- 1009 and 13-217 of the Code of Civil Procedure (735 ILCS 5/13-217 (West 2014)), to a voluntary dismissal within the limitations period did not “automatically immunize a plaintiff against the bar of res judicata or other legitimate defenses a defendant may assert in response to the refiling of voluntarily dismissed counts.” 2016The rule is “founded on the premise that litigation should have an end and that no person should be unnecessarily harassed with a multiplicity of lawsuits.” Id. -5- No. 1-15-3388 ¶ 17 In Rein, our supreme court cautioned that a plaintiff’s statutory right, under sections 2- 1009 and 13-217 of the Code of Civil Procedure (735 ILCS 5/13-217 (West 2014)), to a voluntary dismissal within the limitations period did not “automatically immunize a plaintiff against the bar of res judicata or other legitimate defenses a defendant may assert in response to the refiling of voluntarily dismissed counts.” | 2 | 2 |
| Case | Negative | Cited |
|---|---|---|
| No negative-treatment citations attached to this issue in Illinois. Read the followed side critically anyway. | ||
| Case | Cited | Years |
|---|---|---|
Dubina v. Mesirow Realty Development, Inc.
green
2 sentences2008As Rein pointed out, a plaintiff could not file a complaint with multiple counts, take a voluntary dismissal without prejudice of some of the counts, pursue the undismissed counts to final judgment, and then harass the defendant with successive suits simply because the dismissals of those counts were entered "without prejudice." Rein, 172 Ill.2d at 343 , 216 Ill.Dec. 642 , 665 N.E.2d 1199 . [3] If there was any doubt whether this court viewed the refiling of a voluntarily dismissed count as a new action, it was resolved in Dubina v. Mesirow Realty Development, Inc., 178 Ill.2d 496, 504 , 227 I 2008As Rein pointed out, a plaintiff could not file a complaint with multiple counts, take a voluntary dismissal without prejudice of some of the counts, pursue the undismissed counts to final judgment, and then harass the defendant with successive suits simply because the dismissals of those counts were entered "without prejudice." Rein, 172 Ill.2d at 343 , 216 Ill.Dec. 642 , 665 N.E.2d 1199 . [3] If there was any doubt whether this court viewed the refiling of a voluntarily dismissed count as a new action, it was resolved in Dubina v. Mesirow Realty Development, Inc., 178 Ill.2d 496, 504 , 227 I | 1 | 2008–2008 |
Rein v. David A. Noyes and Co.
green
1 sentence1996The majority concluded, however, that section 2 — 1009 was not intended to automatically immunize a plaintiff against the bar of res judicata, resulting from a final adjudication of the same claim prior to the refiling of the voluntarily dismissed counts. 271 Ill. | 1 | 1996–1996 |
Counted by distinct opinions that both name this issue and are annotated to the section; sections every opinion cites regardless of issue are not filtered here, so read the counts against the total above.
Opinions by the citing court's state. A doctrine retained in one state and abandoned in another shows up here as a year span that stalls.