STATE EX REL. LEIBOWITZ v. FAMILY VISION

No. 1-18-0697.

128 N.E.3d 422 (2019)

2019 IL App (1st) 180697

The STATE of Illinois EX REL. David P. LEIBOWITZ, as Trustee of the Bankruptcy Estate of Marie A. Cahill, Plaintiff-Appellant, v. FAMILY VISION CARE, LLC, NovaMed Management Service, LLC, Surgery Partners, Inc., and Jennifer Gula, Defendants-Appellees.

Appellate Court of Illinois, First District, Second Division.

Opinion filed March 12, 2019.


Attorney(s) appearing for the Case

Matthew J. Piers , Jose J. Behar , and Charles D. Wysong , of Hughes, Socol, Piers, Resnick & Dym, Ltd., of Chicago, for appellant.

J. Christian Nemeth , Joshua T. Buchman , and Jennifer Aronoff , of McDermott Will & Emery LLP, of Chicago, for appellees.


OPINION

¶ 1 We are asked to decide two interrelated questions under the Insurance Claims Fraud Protection Act (Act) (740 ILCS 92/1 et seq. (West 2016)): (i) whether the State can assign to a third party an injury to its sovereignty and (ii) whether the third party...

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