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Case Law Update: Res Judicata Applied to Voluntary Dismissal

Quintas v. Asset Management Group, Inc., No. 1-08-1950 (9-30-09) reversed a decision that found that the docket entry, which was inconsistent with the written order, stated plaintiffs were granted leave to refile, and thus the docket entry is express reservation of plaintiffs’ right to refile and their suit not being res judicata. Defendants did not acquiesce in refilling, as they raised res judicata defense in their answer to re-filed complaint and timely filed motion for expenses per Rule 219(e), acquiescence exception to res judicata does not apply. This case will impact all Illinois cases.