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.

Read more in the August issue of the Illinois Bar Journal.