State of Illinois ex rel. Stephen B. Diamond P.C. v. SR/ECOM, Inc.

Illinois Appellate Court
Civil Court
Qui Tam Actions
Citation
Case Number: 
2018 IL App (1st) 172431
Decision Date: 
Tuesday, December 4, 2018
District: 
1st Dist.
Division/County: 
Cook Co., 2d Div,
Holding: 
Affirmed.
Justice: 
HYMAN

Pursuant to Illinois Supreme Court's 2018 decision, which affirmed appellate court, an attorney serving as both relator and counsel in a successful qui tam action may not collect attorney's fees for representing itself. Plaintiff failed to overcome the legal presumption that appellate court opinions apply both retroactively and prospectively. Settlement agreement does not preclude court from denying Plaintiff's petition for attorney's fees.(LAVIN and PUCINSKI, concurring.)