Perils of Voluntarily Dismissing Without Prejudice

Perils of Voluntarily Dismissing Without Prejudice
Event Date and Time: 
Tuesday, April 28, 2015 - 12:15 to 13:15
Alan Borlack, Bailey Borlack Nadelhoffer LLC


Mr. Borlack will address the reasons why you may want to voluntarily dismiss without prejudice, the risks every practitioner should know about and why you might want to think twice. 

He’ll discuss the “parade of horribles” that could happen if you don’t think through the issues, including the risk of being faced with a potentially ruinous res judicata defense when you re-file the case (claim-splitting), the risk of sanctions under S.Ct Rule 219(e), the possibility of drawing the same judge on a re-filed case,  and the risk of having the Judge hear a potentially dispositive motion before hearing your motion to voluntarily dismiss. 

Mr. Borlack will demonstrate how to evaluate these risks in order to make the best decisions for your clients (and maybe your malpractice carrier).


ALAN R. BORLACK is a partner in Bailey Borlack Nadelhoffer LLC. A graduate of Harvard Law School, Alan started at Mayer Brown & Platt and has concentrated in complex commercial litigation ever since. Alan has handled virtually every kind of commercial litigation case, many involving sophisticated issues and sizeable amounts at stake, many appeals in state and federal court, and been before the Illinois Supreme Court on five occasions. 

Alan has spoken on litigation topics at many seminars. He is a member of the Leadership Committee of the CBA Civil Practice Committee and Chair of the CBA Animal Law Committee where he gives voice to his personal passion for protecting companion animals and wildlife. He just finished a stint on the CBA Nominating Committee for CBA officers and board members.

Alan suggests that for those of you who have too much time on their hands and want to know more, including a recitation of some of his more memorable cases, you are welcome to visit his firm's website at


CLE Credit

  • This seminar is worth 1.00 hours of General MCLE credit.
  • To request MCLE credit for viewing this seminar in its entirety fill out this form.


If you have any questions about the content of this seminar, you may contact Jessica Engle at