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Supreme Court of Illinois


Scachitti v. UBS Fin. Servs., 97023, 97866cons.

In a suit to recover on behalf of two public entities for claimed overcharges for professional services connected with the re-financing of state issued bonds, dismissal for lack of standing is affirmed where: 1) because the state is the real party in interest and such an action can only be constitutionally brought by the Attorney General; 2) plaintiffs, as private citizens, lack standing to bring suit under a statute which provides for recovery of fraudulently obtained public funds for the same reason; and 3) because the statute relied upon has already been ruled unconstitutional. Plaintiffs did not lack standing to sue under statutory qui tam provisions, which give the Attorney General a role in the lawsuit, including the power to dismiss it.

Appellate Information

  • Decided 06/03/2005
  • Published 06/03/2005

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  • Supreme Court of Illinois

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