Tag Archives: Res judicata

Argument Report: The Perils of Waiting Too Long on Your Fees Claim

Our reports on the oral arguments of the Illinois Supreme Court’s September term continue with Rodriquez v. Department of Financial and Professional Regulation. To watch the video, click here. The facts and holding below are set forth in detail in our preview of the argument. Here’s the question – when you get an administrative rule struck down, … Continue Reading

Argument Report: When Is a Nonsuit a Final Claim for Res Judicata?

With this post, we begin our reports on the oral arguments for the Illinois Supreme Court’s September term. In Hernandez v. Bernstein, the first civil case of the term, the Court seems likely to hold that plaintiff’s two successive complaints were alternative versions of a single claim, meaning that plaintiff’s voluntary dismissal without prejudice of the … Continue Reading

Can Your Attorneys Fees Claim Wait? Adventures in Res Judicata, Part III

Our preview of the September term of the Illinois Supreme Court continues with Rodriquez v. Department of Financial and Professional Regulation [pdf]. Rodriquez is the third case on the Court’s docket this month that turns on res judicata, following Hernandez v. Bernstein and Cooney v. Rossiter. A great many statutes allow successful plaintiffs to collect attorneys … Continue Reading

Can You Sue the Court-Appointed Psychologist in a Child Custody Proceeding?

Our preview of the September term of the Illinois Supreme Court continues with Cooney v. Rossiter [pdf]. Cooney occurs at the intersection of res judicata and class action work: if a putative class action goes down in flames on the merits before class certification, is the putative class representative’s individual claim barred too? Plaintiff Deborah … Continue Reading

Conceding a Battle But Winning the War?

Yesterday, the Illinois Supreme Court posted its docket for the upcoming September term [pdf]. Today, we begin a series of previews of civil cases scheduled to be argued this term, starting with the first civil argument on the docket: Hernandez v. Bernstein. In 2005, the plaintiffs sued the defendants, his former attorneys, alleging that they negligently … Continue Reading
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