Ritacca v. Girardi

Illinois Appellate Court
Civil Court
Settlements
Citation
Case Number: 
2013 IL App (1st) 113511
Decision Date: 
Friday, September 13, 2013
District: 
1st Dist.
Division/County: 
Cook Co., 5th Div.
Holding: 
Reversed and remanded.
Justice: 
TAYLOR
Plaintiff and Defendants had been in business together, and then entered into settlement agreement that dissolved medical services company, dividing liability for loans. Upon default, lender sued all parties, and Plaintiff settled with lender; then, Plaintiff sued Defendants for breach of settlement agreement. Court found that company had violated Medical Practice Act prohibition on fee-splitting with non-physicians. Settlement agreement is enforceable, as it contains no illegal terms, and states that parties had ceased doing business together. (McBRIDE and HOWSE, concurring.)