Morrison v. Wagner

How courts have described this case

Verbatim parenthetical descriptions written by other courts when citing this decision. Ranked by citation-network relevance.

• stating that while Rule 219(e) does not restrict a party’s right to obtain a voluntary dismissal, it does “alter[ ] the consequences of taking a voluntary dismissal”
• explaining that “where a previously-filed defense motion could result in a final disposition of the cause of action * * * the court has the discretion to hear and decide that motion before ruling on the plaintiff’s motion for voluntary dismissal.”
• expense shifting is one of two mechanisms in paragraph (e) preventing voluntary dismissals “from being used as an artifice for evading discovery requirements”
• section 2-1009(a) “confers on plaintiffs an unfettered right to voluntarily dismiss their claims without prejudice, upon proper notice and payment of costs, ‘at any time before trial or hearing begins.’ ”
• section 2-1009 “confers on plaintiffs an unfettered right to voluntarily dismiss their claims without prejudice, upon proper notice and payment of costs, ‘at any time before trial or hearing begins’ ”
• “When a case is refiled, [Rule 219(e)] requires the court to consider the prior litigation in determining what discovery will be permitted, and what witnesses and evidence may be barred.” (Emphasis added.)

Source: CourtListener parenthetical corpus (CC0).