A lawsuit against Kirkland & Ellis and Littler Mendelson over the $71 million sale of a litigation financier is on life support after the plaintiff’s attorney missed a key court date, causing the judge to dismiss the case entirely.

Oasis Financial founder Gary Chodes has asked Cook County Circuit Judge Daniel Kubasiak to vacate a Dec. 6 dismissal of his lawsuit against Kirkland, Littler and two lawyers—Kirkland partner Walter Holzer and James Witz, the co-chairman of Littler Mendelson’s unfair competition and trade secrets practice group.