Suit to Enjoin Corporate Dissolution and Suit for Fraud are “Same Cause” for Purpose of 2-619(a)(3) Dismissal

The Illinois Code of Civil Procedure provides a mechanism for the circuit court to dismiss an action where there is “another action pending between the same parties for the same cause.”  735 ILCS 5/2-619(a)(3).  In Schacht v. Lome, 2016 IL App (1st) 141931, the appellate court considered whether the defendant’s prior suit to enjoin dissolution of the parties’ medical services corporation was the “same cause” as the plaintiffs’ subsequent suit against the defendant for fraud.  

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Intermediate Standard of Review Applied to Deny Conditional Pre-Notice Class Certification Under FLSA

In an article in the Chicago Daily Law Bulletin, Jordan Wilkow discusses a recent case from the Northern District of Illinois that, for the first time in the Northern District, denied conditional pre-notice class certification under the Fair Labor Standards Act after applying an "intermediate" standard of review.  

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Appellate Court Considers Illinois' Relation Back Rule After Krupski

In their regular column in the the Chicago Daily Law Bulletin, "The Bottom Line," John M. Fitzgerald and Uri Abt discuss a recent a Illinois appellate court opinion that answered two certified questions about Illinois' relation back rule in light of the United States Supreme Court's decision in Krupski v. Costa Crociere S.p.A., 560 U.S. 538 (2010).

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