Hudson v. City of Chicago

I respectfully dissent from the majority opinion because plaintiffs’ voluntary dismissal in Hudson I does not preclude plaintiffs from reinstating their willful and wanton claim. When a plaintiff voluntarily dismisses a claim or a lawsuit without prejudice, the plaintiff may refile the claim without being barred by res judicata or the rule against claim-splitting.

In Rein, this court held that the plaintiffs’ common law claims that were voluntarily dismissed without prejudice in an earlier lawsuit were barred under the doctrine of res judicata because the plaintiffs were splitting their claims…