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Case Digests

Sufficiency of Evidence

Van Horn Hyundai, Inc. appeals from a judgment dismissing its claims after a jury trial against automobile parts supplier Lake City Supply Company, LLC, Hans Sundgaard and Shea Ruthe (hereafter Lake City). On appeal, Van Horn argues that the circuit court should have granted its summary judgment motion that the items of value received by its parts purchasing agent constituted a prohibited commission under WIS. STAT. § 134.05(2)(b) (2013-14).

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RICO Claims

Plaintiffs contend that Payors bear the principal costs of off-label promotions, because they pay for most of the cost of the drugs, but comparing the patients’ health costs (and out- of-pocket co-pays) with the Payors’ costs may be difficult.

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Abuse of Discretion

The appellants in this case are home health care assistants who wanted the district court to certify a class of their fellow assistants for purposes of securing a class-wide refund of the fair-share fees they paid to a union for collective bargaining representation.

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Breach of Fiduciary Duty

Plaintiff-appellant, Sherwin Brook (“Brook”), appeals the district court’s finding that the Northern District of Illinois lacks personal jurisdiction over the defendants-appellees, J. Lawrence McCormley and Tiffany & Bosco, P.A.(collectively, “Defendants”), for a legal malpractice, breach of contract, and breach of fiduciary duty lawsuit.

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