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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Can Former Minority Owners of an LLC Bring a Legal Malpractice Claim Against Company’s Law Firm?

In Stevens v. McGuireWoods LLP, 2015 IL 118652 (Thomas, J.), the Illinois Supreme Court was called upon to decide whether former minority members of an LLC could bring a legal malpractice action against the LLC’s litigation law firm for allegedly failing to timely file a derivative action against the company’s former corporate law firm.  

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