Article by Michael J. Bologna
The Cook County Circuit Court will randomly assign judges in all future actions under the Illinois False Claims Act, a development with implications for the adjudication of tax whistleblower cases in Illinois.
Under Judge James Flannery's order, new cases under the FCA "shall be randomly assigned at the time of filing to one of the existing Commercial Calendars," Flannery wrote. The court's policy change could have implications for dozens of cases filed by prolific tax whistleblower, Stephen Diamond.
David S. Ruskin, a partner in the Chicago office of Horwood Marcus & Berk Chartered, said the new order could slow the pace of tax whistleblower cases as new judges become familiar with the nuances of the FCA.