HUNDLEY LAW GROUP » 2-622 http://www.hundleylaw.com Trial and Appellate Litigation Wed, 12 Oct 2011 16:55:06 +0000 en hourly 1 http://wordpress.org/?v=3.0.5 Long v. Elborno http://www.hundleylaw.com/2010/02/long-v-elborno/ http://www.hundleylaw.com/2010/02/long-v-elborno/#comments Tue, 23 Feb 2010 17:07:04 +0000 HLG http://www.hundleylaw.com/?p=92 Long v. Elborno, No. 1-08-1733 (January 21, 2010). In a refiled action in which the court had previously found Plaintiff failed to exercise reasonable diligence in serving Hospital, collateral estoppel applies to prevent Plaintiff from asserting that she was reasonably diligent in serving physician. (Plaintiff’s actions were identical for both parties during this time, and [...]]]> Long v. Elborno, No. 1-08-1733 (January 21, 2010). In a refiled action in which the court had previously found Plaintiff failed to exercise reasonable diligence in serving Hospital, collateral estoppel applies to prevent Plaintiff from asserting that she was reasonably diligent in serving physician. (Plaintiff’s actions were identical for both parties during this time, and physician was not served for an additional four months after service on Hospital.) The amount of time necessary to obtain a Section 2-622 reviewing physician’s report does not mitigate against the deadline for reasonable diligence of service.

Also, court weighed in on the “law of the case doctrine,” find that refiling of an action is not a continuation of previous action, but an entirely new action. Thus, the law of the case doctrine does not apply.


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