Publications

Section Newsletter Articles on Voluntary Dismissal

Voluntarily dismissing a lawsuit and later refiling is not an escape hatch through which to disclose new witnesses if witness disclosure deadlines already passed in the original lawsuit By Alyx J. Parker Young Lawyers Division, April 2011 An attorney must take great care when dealing with Rule 213 witness disclosure deadlines, as a voluntary dismissal will not remedy omissions by simply re-filing the lawsuit and disclosing the omitted witness(es).
What hath Hudson wrought? By Patricia A. Zimmer Tort Law, April 2010 If you decide that you must take a voluntary dismissal in the face of a prior dismissal on the merits of some claim in your suit, an Agreed Order of voluntary dismissal should reference Hudson and state that the defendants are waiving the res judicata defense should plaintiff decide to refile.
Award of costs to defendants as a condition to granting plaintiffs’ motion for voluntary dismissal By Bridget A. Mitchell Civil Practice and Procedure, January 2010 After reviewing the facts of the case and applicable law, the appellate court affirmed the trial court’s decision but modified the court’s order to state that costs awarded were due at the time of refiling the lawsuit but not as a condition to refiling the lawsuit.
Comment: Voluntary dismissal By J.A. Sebastian Administrative Law, January 2010 In a December 2009 decision of the appellate court, the Court reminds us to consider the statutory provisions of the Administrative Review Law and to comply with those requirements. Failure to strictly adhere to those requirements deprives a court of subject matter jurisdiction over an administrative review action.
Caution: Res judicata may bar the refiling of a voluntarily dismissed claim By Timothy J. Chorvat and Sarah S. Ruff Civil Practice and Procedure, June 2008 In January of this year, the Illinois Supreme Court decided Hudson v. City of Chicago, No. 100466, 2008 Ill. LEXIS 12 (Ill. Jan. 25, 2008), rehearing denied April 28, 2008.
Plaintiffs Beware! The conflict of a voluntary dismissal and res judicata By Alfred M. Swanson, Jr. Bench and Bar, May 2008 In March 1999 plaintiffs filed a two count complaint against the City of Chicago and fire department personnel alleging negligence and willful and wanton misconduct in providing emergency medical care.