Semb's, Inc. v. Gaming & Entertainment Management-Illinois, LLC

Illinois Appellate Court
Civil Court
Citation
Case Number: 
2014 IL App (3d) 130111
Decision Date: 
June 23, 2014
District: 
3d Dist.
Division/County: 
LaSalle Co.
Justice: 
CARTER
Holding: 
Affirmed.
Restaurant filed complaint against gaming companies, alleging that contract for placement of video gaming terminals was invalid. Complaint is dismissed on grounds of res judicata, as appellate court recently issued decision declaring contract valid in case filed by different Plaintiff. Three requirements of res judicata were met: decision was final judgment on merits as it declared contract valid; identity of cause of action exists, as both sought to invalidate contract under same set of operative facts; and Plaintiff here is in privity with parties from other case, as Plaintiff's interests were affected by that decision. (O'BRIEN, concurring; SCHMIDT, dissenting.)