Legal Opinion
Peter T. Dvorak v. Granite Creek GP Flexcap I
Court of Appeals for the Seventh Circuit
Decided November 6, 2018No. 18-1892PublishedCited by 11 opinions
1Opinion of the Court
Easterbrook, Circuit Judge.
A plaintiff may dismiss a federal suit without prejudice to refiling. That privilege may be used only once. "[I]f the plaintiff previously dismissed any federal- or state-court action based on or including the same claim, a notice of dismissal operates as an adjudication on the merits." Fed. R. Civ. P. 41(a)(1)(B). Illinois follows the same rule. 735 ILCS 5/13-217.
This appeal arises from a federal-state-federal sequence: the first suit was filed in federal court and dismissed, the second was filed in Illinois court and dismissed, and the third is back in federal…
2Cases cited7 opinions
- National Railroad Passenger Corporation v. MorganSupreme Court of the United States · 2002
- Carden v. Arkoma AssociatesSupreme Court of the United States · 1990
- Belleville Toyota, Inc. v. Toyota Motor Sales, U.S.A., Inc.Illinois Supreme Court · 2002
- Muhammad v. OliverCourt of Appeals for the Seventh Circuit · 2008
- Jenkins v. Village of MaywoodCourt of Appeals for the Seventh Circuit · 2007
2 more not listed; retrieve them via the Exa API.
3Cited by11 opinions
- VS PR, LLC v. ORC Miramar CorporationCourt of Appeals for the First Circuit · 2022
- CELINA INSURANCE GROUP v. LARRY AND CAROL YELEY FAMILY LIMITED PARTNERSHIPDistrict Court, S.D. Indiana · 2022
- CELINA INSURANCE GROUP v. LARRY AND CAROL YELEY FAMILY LIMITED PARTNERSHIPDistrict Court, S.D. Indiana · 2022
- Daniel M. Harrison and Melinda Harrison v. Ravi Anand; and Ravi Anand P.C.District Court, N.D. Illinois · 2026
- FARINAS v. GEORGEDistrict Court, S.D. Indiana · 2021
6 more not listed; retrieve them via the Exa API.