assignee claim in Illinois

2024In Vermont Agency, the Supreme Court held “the doctrine that the assignee of a claim has standing to assert the injury in fact suffered by the assignor” as an adequate basis for qui tam relator standing because “[t]he FCA can reasonably be regarded as effecting a partial assignment of the Government's damages claim.” Vermont Agency, 529 U.S. at 773 .

2020Scachitti, 215 Ill. 2d at 508 . - 15 - ¶ 64 The United States Supreme Court in Vermont Agency held “the doctrine that the assignee of a claim has standing to assert the injury in fact suffered by the assignor” was an adequate basis for qui tam-relator standing because “[t]he [False Claims Act] can reasonably be regarded as effecting a partial assignment of the Government’s damages claim.” Vermont Agency, 529 U.S. at 773 .

2020The court reasoned that the “qui tam provision operates as a statutory assignment of the United States’ rights, and ‘the assignee of a claim has standing to assert the injury in fact suffered by the assignor.’ ” Stauffer, 619 F.3d at 1325 (quoting Vermont Agency, 529 U.S. at 773 ).

2020The court reasoned that the “qui tam provision operates as a statutory assignment of the United States’ rights, and ‘the assignee of a claim has standing to assert the injury in fact suffered by the assignor.’ ” Stauffer, 619 F.3d at 1325 (quoting Vermont Agency, 529 U.S. at 773 ).

2020Scachitti, 215 Ill. 2d at 508 . - 15 - ¶ 64 The United States Supreme Court in Vermont Agency held “the doctrine that the assignee of a claim has standing to assert the injury in fact suffered by the assignor” was an adequate basis for qui tam-relator standing because “[t]he [False Claims Act] can reasonably be regarded as effecting a partial assignment of the Government’s damages claim.” Vermont Agency, 529 U.S. at 773 .

2020Scachitti, 215 Ill. 2d at 508 . - 15 - ¶ 64 The United States Supreme Court in Vermont Agency held “the doctrine that the assignee of a claim has standing to assert the injury in fact suffered by the assignor” was an adequate basis for qui tam-relator standing because “[t]he [False Claims Act] can reasonably be regarded as effecting a partial assignment of the Government’s damages claim.” Vermont Agency, 529 U.S. at 773 .

2011It may very well be that defendants defended Binks in error, especially if, as plaintiff asserts, Binks never requested such defense. ¶ 26 Second, an assignee can claim no greater right or interest than the assignor possessed ( Cincinnati Insurance Co., 387 Ill.App.3d at 100 , 325 Ill.Dec. 483 , 898 N.E.2d 216 ) and nothing in the pleadings shows that plaintiff seeks anything from defendants that is beyond the scope of Binks' rights under the policies, i.e., anything more than a defense for occurrences during the policy coverage periods.

2011It may very well be that defendants defended Binks in error, especially if, as plaintiff asserts, Binks never requested such defense. ¶ 26 Second, an assignee can claim no greater right or interest than the assignor possessed ( Cincinnati Insurance Co., 387 Ill.App.3d at 100 , 325 Ill.Dec. 483 , 898 N.E.2d 216 ) and nothing in the pleadings shows that plaintiff seeks anything from defendants that is beyond the scope of Binks' rights under the policies, i.e., anything more than a defense for occurrences during the policy coverage periods.

1916The principle that an entire contract cannot be apportioned, and performance enforced in fragments, would have presented an unsuperable bar to a recovery.” (Crosby v. Loop, 13 Ill. 625 .) Under section 18 of the Practice Act (J. & A. if 8555), the assignee of a claim or demand of this character may sue in his own name to recover the amount due, but the assignees’ rights are otherwise no greater than or more extended under this statute than they were at common law.