MAY v. SMITHKLINE BEECHAM CLINICAL LAB., INC.

No. 5-98-0428.

710 N.E.2d 460 (1999)

304 Ill. App.3d 242

237 Ill.Dec. 830

Martha Ann MAY, on behalf of herself and all others similarly situated, Plaintiff-Appellee, v. SMITHKLINE BEECHAM CLINICAL LABORATORIES, INC., Defendant-Appellant.

Appellate Court of Illinois, Fifth District.

April 14, 1999.


Attorney(s) appearing for the Case

Dechert Price & Rhoads, Philadelphia, PA; Sandberg, Phoenix & von Gontard, P.C., St. Louis, MO (Baker & McKenzie, Chicago, of counsel), for Appellant.

Carr, Korein, Tillery, Kunin, Montroy, Cates & Glass, Judy L. Cates, Steven A. Katz, Douglas R. Sprong, Belleville; Carey & Danis, L.L.C., John J. Carey, Joseph P. Danis, T. Evan Schaeffer, St. Louis, MO, for Appellee.


Justice CHAPMAN delivered the opinion of the court:

Plaintiff, Martha Ann May, filed a putative class action lawsuit against defendant, Smith-Kline Beecham Clinical Laboratories, Inc. (SBCL), based upon SBCL's alleged improper billing for medical laboratory tests. SBCL sought to have plaintiff's case stayed pursuant to section 2-619(a)(3) of the Civil Practice Law (735 ILCS 5/2-619(a)(3) (West 1996)) because eight other putative class actions are pending against SBCL...

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