Judge erred on one-refiling rule

Trial Notebook

By Steven P. Garmisa

Hoey & Farina

Posted May 26, 2021 12:18 PM

Three mistakes by two judges — a screw up in federal court about a voluntary dismissal and erroneous rulings by a Cook County judge about res judicata and the one-refiling rule — stymied Caryn Struif’s state law claims against Michael Kornick. But the Illinois Appellate Court straightened things out.Struif included the state law claims when she sued Kornick in federal court for allegedly violating federal civil rights laws. When she dropped the state law counts, a May 5, 2004 ruling from the district judge erroneously said …

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