United States Seventh Circuit

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Carr v. Tillery, 09-1124

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.

Appellate Information

  • Argued 12/04/2009
  • Decided 01/12/2010
  • Published 01/12/2010

Judges

  • POSNER, Circuit Judge., Before POSNER, RIPPLE, and WOOD, Circuit Judges.

Court

  • United States Seventh Circuit

Counsel

  • For Appellees:
  • Jonathan C. Bunge, Kirkland & Ellis LLP, Chicago, IL, for Plaintiff-Appellant/Cross-Appellee., Lee A. Freeman, Jr., Jenner & Block LLP, Chicago, IL, for Defendants-Appellees/Cross-Appellants.