Amy E. McCracken is a skilled litigation attorney with a particular emphasis in healthcare, fraud and real estate litigation. She has successfully defended long term care facilities in civil and administrative proceedings. A former registered nurse, Ms. McCracken also has significant experience in medical device litigation, mass torts, Medicare fraud and other health care litigation matters. She recently represented amicus curiae in an action brought against Illinois hospitals seeking charity care.
Ms. McCracken is licensed to practice law in Illinois and Michigan. She is a member of the Chicago and Illinois State bar associations, the State Bar of Michigan and the Section of Litigation of the American Bar Association. Ms. McCracken is a 1990 cum laude graduate of the University of Michigan Law School and a 1982 graduate of the Wayne State University School of Nursing. She practiced as a registered nurse in critical care and neonatal care before and during law school.
Areas of Practice
· Commercial Litigation
· Healthcare litigation
Representative Matters
· Obtained an order from an Illinois state court dismissing with prejudice a spoliation of evidence claim brought against a dialysis clinic.
· Defended nursing home in qui tam lawsuit brought by two former nurses under the Federal False Claims Act and the Illinois Whistleblower Reward and Protection Act.
· Obtained directed finding in favor of nursing home in administrative proceeding before the Illinois Department of Public Health.
· Won summary judgment for a bank in a breach of contract lawsuit filed by an investor of bank's borrower, which was sustained on appeal.
· Obtained dismissal with prejudice of an asbestos lawsuit on behalf of a demolition company.
· Counsel to nursing facilities in administrative litigation matters before the Centers for Medicare & Medicaid Services and the Illinois Department of Public Health.
· Defended dialysis clinic in litigation involving allegations of negligence, conspiracy, fraud and breach of contract.
· Represent long term care facilities in negligence and breach of contract lawsuits.
· Counsel to banks in litigation involving multimillion-dollar real estate developments, including mortgage foreclosures.
· Defended long term care facility in False Claims Act and fraud case brought by the state and federal government.
· Represent architects and building contractors in breach of contract and negligence cases.
· Represent real estate brokers in fee commission disputes.
· Counsel to pharmaceutical manufacturers in average wholesale price litigation brought by the state of Illinois.
· Represent heirs, guardians and administrators in probate-related litigation matters.
Reported Cases
· Tripplett v. Ill. Dep't of Human Servs., 2008 U.S. Dist. LEXIS 94312 (N.D. Ill. Aug. 19, 2008) (commended by the court for "unusually thorough, well-researched, and well-written briefs").
· Smith v. Duffey, 2008 U.S. Dist. LEXIS 48895 (N.D. Ill. June 23, 2008).
· Smith v. Dade Behring Holdings, Inc., 2007 U.S. Dist. LEXIS 3493 (W.D.N.C. Jan. 12, 2007).
· Thomas v. Fuerst, 345 Ill. App. 3d 929 (1st Dist. 2004).
· Mann v. Conlin, 22 F.3d 100 (6th Cir. 1994).
Professional Activities
· Member of Illinois Pioneer Coalition Board of Directors
· Past editor of Duane Morris LLP's Building & Bonding: The Construction & Surety Newsletter
· Member of Planning Committee, Toxic Tort Program, sponsored by the Section of Litigation of the American Bar Association, Dallas, Texas, 1999
Experience
· Duane Morris LLP
- Special Counsel, 2010-present
- Associate, 2003-2010
· Much Shelist Freed Denenberg Ament & Rubenstein, Chicago, Illinois
- Associate, 2001-2003
· Brown McCarroll, Dallas, Texas
- Contract Attorney, 1999-2001
· Vial Hamilton Koch & Knox, Dallas, Texas
- Contract Attorney, 1997-1999
· Wise & Marsac (presently Howard & Howard Attorneys, P.C.), Detroit, Michigan
- Associate, 1994-1997
· Jacobs & Miller, Southfield, Michigan
- Associate, 1991-1994
· Forty Eighth Judicial Circuit Court, Allegan, Michigan
- Judicial Clerk, Honorable George R. Corsiglia, 1990-1991
Civic and Charitable Activities
· Member, P.E.O. International, a benevolent educational organization
- President, 2004-2006
- Vice President, 2002-2004
- Chair, Communications Committee, 2001-2002
- Co-chair, Yearbook Committee, 2000
· Member, Praise Team, Park Ridge Presbyterian Church
Honors and Awards
· Recipient of the Group Award for Excellence in Pro Bono Service presented by the Judges of the United States District Court for the Northern District of Illinois and the Chicago Chapter of the Federal Bar Association, May 29, 2009
Selected Speaking Engagements
· Speaker, "Avoid Survey Deficiencies," Illinois Health Care Association Annual Convention and Trade Show, Peoria, Illinois, September 17, 2009
· Speaker, "Sexual Abuse and Long Term Care," Illinois Nursing Home Administrator's Association Conference, June 17, 2009
· Speaker, "Whistleblowers and the Shape of Things to Come," Illinois Health Care Association Annual Convention, Peoria, Illinois, September 10, 2008
· Speaker, "Update: Whistleblowers, Qui Tam Lawsuits and the Federal False Claims Act," Illinois Nursing Home Administrator's Association Annual Convention, November 6, 2007
· Speaker, "Whistleblowers, Qui Tam Lawsuits and the Federal False Claims Act," Illinois Nursing Home Administrator's Association, June 4, 2007