Single Recovery Rule

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7^th Circuit Court of Appeals

Case Name: Thomas M. Janusz, Jr. v. City of Chicago, et al

Case No.: 15-1330

Officials: RIPPLE, KANNE, and WILLIAMS, Circuit Judges

Focus: Single Recovery Rule

Because appellant federal and state suit involved indivisible sets of injuries for which appellant has already been compensated, appellant is barred from recovering again by the single-recovery rule.

“Janusz attempts to distinguish Saichek on the ground that the plaintiff “was precluded from relitigating the amount of her damages because the judgment was final and valid, not because it was satisfied.” Not so. The Saichek Court expressly referenced satisfaction in its analysis. 787 N.E.2d at 833 (“Be‐ cause the judgment has now been satisfied, and because plaintiff is precluded from relitigating the question of her damages, she has already received all that she is entitled to receive for the injuries that gave rise to this litigation.” (emphasis add‐ ed)). Janusz also argues that Saichek is distinguishable be‐ cause it did not involve an appeal that was pending when the parties sought to vacate the judgment and dismiss the case under § 12‐183(h). Cf. Ballweg v. City of Springfield, 499 N.E.2d 1373, 1375 (Ill. 1986) (“For purposes of applying the doctrine of collateral estoppel, finality requires that the potential for appellate review must have been exhausted.”). But we see nothing in Saichek that indicates this modest factual variance is relevant. Indeed, although the parties in Key‐ stone initially pursued separate appeals, they ultimately abandoned those appeals, stipulated that the judgment had been fully satisfied, and petitioned the trial court for vacatur and dismissal”

Affirmed

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Attorney Derek A. Hawkins is the managing partner at Hawkins Law Offices LLC, where he heads up the firm’s startup law practice. He specializes in business formation, corporate governance, intellectual property protection, private equity and venture capital funding and mergers & acquisitions. Check out the website at www.hawkins-lawoffices.com or contact them at 262-737-8825.