Tag Archives: 7th Circuit Digest

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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RICO Violation and Choice-of-law Clause

We have three appeals: (1) Land O’Lakes contends that it is entitled to treble damages under RICO and a state-law counterpart (which we do not mention again); (2) the Ratajczaks contend that Packerland’s insurers had to defend and indemnify them in Land O’Lakes’s suit; (3) the Ratajczaks maintain that their own insurer must indemnify them for much of what they paid to Packerland’s buyer in settlement. We tackle the subjects in that order.

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