Civil procedure — dismissal with prejudice

Posted February 18, 2021 11:45 AM

Where the trial court grants dismissal for failure to state a cause of action, the dismissal should not be with prejudice unless the plaintiffs have already had the opportunity to amend their complaint to remedy deficiencies or it is clearly apparent they can prove no set of fact entitling recovery.The 1st District Appellate Court affirmed in part and reversed in part a decision from Cook County Circuit Judge Margaret A. Brennan.Ergin Uskup (Ergin) retained Joseph Johnson as attorney in 1989 to create the Ergin Uskup …

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