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Carr v. Tillery, No. 09-1124

By FindLaw Staff on January 12, 2010 | Last updated on March 21, 2019

In an attorney-plaintiff's RICO suit against his former law partners involving a dispute over the division of legal fees in cases handled by the law firm, dismissal of the entire case on the ground that the claims are precluded by judgments in previous suits by him against the same defendants is affirmed, but on the basis of Illinois's one-refiling rule rather than res judicata, which would not bar a claim that the defendants had violated the Memorandum of Understanding.  Also, defendants' motion for sanctions should not have been denied where, although the suit is not frivolous, it is so lacking in merit that its pursuit by the plaintiff indicates a motive to harass.   

Read Carr v. Tillery, No. 09-1124

Appellate Information

Appeal from the United States District Court for the Southern District of Illinois

Decided January 12, 2010


Before:  Ripple, and Posner and Wood, Circuit Judges

Opinion by Circuit Judge Posner

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