Amy E. McCracken

Special Counsel

  • Amy E. McCracken
  • Phone: +1 312 499 0104
    Fax: +1 312 277 6823

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  • Duane Morris LLP
    190 South LaSalle Street, Suite 3700
    Chicago, IL 60603-3433
    USA

Amy E. McCracken is a skilled trial attorney with a particular emphasis in health care, fraud and banking litigation. She represents long term care facilities, rehabilitation therapy companies and pharmacies throughout Illinois, and has successfully defended long term care facilities in civil and administrative cases. A former registered nurse, Ms. McCracken has significant experience in medical device litigation, mass torts, Medicare fraud and other health care litigation matters. She also represents banks in matters such as commercial mortgage foreclosure, mechanics' liens, and creditors' enforcement.

Ms. McCracken is licensed to practice law in Illinois and Michigan. She is a member of the Illinois State Bar Association, the State Bar of Michigan and the Illinois Association of Healthcare Attorneys. 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.

Representative Matters

  • Represented a medical device manufacturer in a products liability case involving a hip implant which resulted in a voluntary nonsuit.
  • Worked on the national trial strategy team to develop experts for the defense of silicone gel breast implant litigation.
  • Obtained voluntary dismissal of qui tam lawsuit brought by foster parent against foster agency.
  • Defended long term care facility in False Claims Act and fraud case brought by the state and federal government.
  • Represent long term care facilities in negligence and breach of contract lawsuits.
  • Counsel to nursing facilities in administrative litigation matters before the Centers for Medicare & Medicaid Services and the Illinois Department of Public Health.
  • Obtained directed finding in favor of nursing home in administrative proceeding before the Illinois Department of Public Health.
  • 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.
  • Represented long term care facility in insurance coverage case regarding false claims act and retaliatory discharge.
  • Represent long term care facilities in involuntary transfer and discharge cases.
  • Counsel to rehabilitation therapy, hospice, and home health care providers in Medicare and Medicaid billing matters.
  • Counsel to pharmacies in regulatory and Medicare billing matters.
  • Represented pharmaceutical manufacturers in average wholesale price litigation brought by the state of Illinois.
  • Won arbitration proceeding against therapy services company and obtained reimbursement for nursing home client.
  • Represented amicus curiae in an action brought against Illinois hospitals seeking charity care, and in an action challenging rulemaking procedures by an Illinois regulatory agency.
  • Won claim brought by the Office of Inspector General against two health care workers resulting in dismissal of egregious neglect charges.
  • Obtained an order from an Illinois state court dismissing with prejudice a spoliation of evidence claim brought against a dialysis clinic.
  • Defended dialysis clinic in litigation involving allegations of negligence, conspiracy, fraud and breach of contract.
  • Obtained dismissal of ERISA action brought by a no-fault auto insurer.
  • Represented wholesale tobacco distributors Arangold Corporation and Iwan Ries & Co. in an action which challenged the constitutionality of an ordinance amending the Cook County, Illinois tobacco tax and resulted in amendments to the ordinance that our clients found favorable.
  • Obtained on behalf of UniTech Services Group, Inc. a voluntary dismissal of a claim brought pursuant to the Price-Anderson Act.
  • Obtained dismissal with prejudice of an asbestos lawsuit on behalf of a demolition company.
  • Obtained dismissal of asbestos lawsuit in Madison County, Illinois, on behalf of golf equipment manufacturer.
  • Counsel to church in insurance coverage dispute.
  • Represent architects and building contractors in breach of contract and negligence cases.
  • 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.
  • Counsel to banks in litigation involving multimillion-dollar real estate developments, including mortgage foreclosures.
  • Represent real estate brokers in fee commission disputes.
  • Represented Wells Fargo Bank in condemnation proceeding which resulted in settlement the client found favorable.
  • Represent heirs, guardians and administrators in probate-related litigation matters.
  • Reported Cases

  • Enterprise Leasing Company of Chicago v. The City of Chicago, 2017 IL 119945 (finding a Chicago tax ruling unconstitutional under the home rule article of the Illinois Constitution).
  • Iwan Ries & Co. v. City of Chicago, 2019 IL 124469 (the Illinois Supreme Court ruled in favor of clients that the City’s other tobacco products tax is preempted by the Illinois Municipal Code).
  • Slepicka v. State, 2015 IL App (4th) 121103-B (Ill. App. Ct. 4th Dist. 2015) (affirming judgment in favor of nursing home client in involuntary transfer and discharge case).
  • Slepicka v. State, 2014 Ill. LEXIS 1326 (Ill. Nov. 24, 2014) (affirming nursing home client's argument regarding venue for administrative review).
  • Auto-Owners Insurance Co. v. Edward D. Jones & Co. Employee Health & Welfare Program, 759 F. Supp. 2d 895 (W.D. Mich. 2010) (successfully obtained dismissal of an ERISA action brought by a no-fault auto insurer).
  • GE Capital Information Technology Solutions, Inc. v. Campbell Ads LLC, 2013 U.S. Dist. LEXIS 19714 (N.D. Ind. Feb. 11, 2013) (successfully obtained dismissal of warranty, unconscionability and indemnification claims).
  • 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).

Areas of Practice

  • Health Care Law and Litigation
  • Commercial Litigation

Admissions

  • Illinois
  • Michigan
  • Supreme Court of the United States
  • U.S. Court of Appeals for the Sixth Circuit
  • U.S. Court of Appeals for the Seventh Circuit
  • U.S. District Court for the Northern District of Illinois
  • U.S. District Court for the Central District of Illinois
  • U.S. Bankruptcy Court for the Northern District of Illinois
  • U.S. District Court for the Northern District of Indiana
  • U.S. District Court for the Eastern District of Michigan
  • U.S. District Court for the Western District of Michigan
  • U.S. Bankruptcy Court for the Eastern District of Michigan
  • U.S. District Court for the Western District of North Carolina
  • Trial Bar of the U.S. District Court for the Northern District of Illinois

Education

  • University of Michigan Law School, J.D. cum laude, 1990
  • Wayne State University, B.S.N., with distinction, 1982

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

Professional Activities

  • Compliance Officer, 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

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

Civic and Charitable Activities

  • Member, Greater Chicago Great Banquet, 2001-present
     - Board Member, Assistant Community Lay Director, 2019-present
     - Board Member, Registration Coordinator, 2016-2019
  • 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

Selected Publications

Selected Speaking Engagements

  • Speaker, "Cybersecurity: Protecting Resident Records, Email, and Social Media," Illinois Health Care Association’s 69th Annual Convention and Trade Show, Springfield, Illinois, September 12, 2019
  • Speaker, "Using Documentation to Improve Quality of Care," Illinois Health Care Association’s 69th Annual Convention and Trade Show, Springfield, Illinois, September 12, 2019
  • Speaker, "Health Care Fraud Update," Illinois Nursing Home Administrator’s Association Annual Convention and Trade Show, Springfield, Illinois, November 8, 2018
  • Speaker, "Cybersecurity, Trust No One!," Illinois Pioneer Coalition Annual Retreat, Springfield, Illinois, November 7, 2018
  • Speaker, "Regulatory Update: Person-Centered Dementia Care," Illinois Health Care Association's 68th Annual Convention and Expo, Peoria, Illinois, September 12, 2018
  • Speaker, "Involuntary Transfer or Discharge: Regulatory and Enforcement Update," Illinois Health Care Association’s 68th Annual Convention and Expo, Peoria, Illinois, September 11, 2018
  • Co-Speaker, "HIPAA Update and Social Media: A Legal Perspective," Illinois Nursing Home Administrator’s Association Conference, East Peoria, Illinois, August 16, 2018
  • Speaker, "Fraud Alert: Therapy Coding and Documentation," Leading Age Annual Meeting and Expo, Schaumburg, Illinois, April 18, 2018
  • Speaker, "Involuntary Transfer or Discharge: Regulatory and Enforcement Update," Illinois Pioneer Coalition Annual Summit, March 20, 2018
  • Speaker, "Involuntary Transfer or Discharge," Illinois Nursing Home Administrator’s Annual Convention, Springfield, Illinois, November 9, 2017
  • Speaker, "It’s About the Money: Medicaid-Pending and the Involuntary Transfer and Discharge of the Problem Resident," Illinois Health Care Association’s 67th Annual Convention and Expo, Peoria, Illinois, September 14, 2017
  • Speaker, "Charting to Stay out of Court and Related Legal Liabilities," Illinois Health Care Association’s 66th Annual Convention and Expo, Peoria, Illinois, September 14, 2016
  • Speaker, "Health Care Fraud Update," Illinois Health Care Association’s 66th Annual Convention and Expo, Peoria, Illinois, September 13, 2016
  • Speaker, "Charting to Stay out of Court and Related Legal Liabilities," Illinois Nursing Home Administrator’s Association Conference, March 9, 2016
  • Speaker, "Culture Change and Dementia Care: A New Way of Thinking," Illinois Nursing Home Administrator’s Association Annual Convention and Trade Show, Springfield, Illinois, October 29, 2014
  • Speaker, "Culture Change and Dementia Care: A New Way of Thinking," Illinois Pioneer Coalition’s 11th Annual Culture Change Summit, Springfield, Illinois, October 14, 2014
  • Speaker, "How Can I Get This Resident Out of my Facility? Using the ITD Procedure to Your Advantage," Illinois Health Care Association’s 64th Annual Convention and Trade Show, Peoria, Illinois, September 9, 2014
  • Speaker, "Disaster Preparedness Update: Be Ready for Anything!," Illinois Health Care Association Webinar, August 21, 2014
  • Speaker, "Using Your Compliance Plan to Avoid False Claims Act Liability," Life Services Network Annual Conference, Rosemont, IL, May 2, 2014
  • Speaker, "How Can I Get This Resident Out of My Facility?," Life Services Network Annual Conference, Rosemont, IL, April 30, 2014
  • Speaker, "Culture Change and Dementia Care: A New Way of Thinking," Illinois Health Care Association’s 63rd Annual Convention and Expo, Peoria, Illinois, September 12, 2013
  • Speaker, "How Can I Get This Disruptive Resident Out of My Facility? Using the ITD Procedure to Your Advantage," Illinois Nursing Home Administrator's Association Conference, June 12, 2013
  • Speaker, "Infection Control: Mere Training Isn't Enough," Illinois Health Care Association Annual Convention and Trade Show, Peoria, Illinois, September 11, 2012
  • Speaker, "Ensuring Infection Prevention and Compliance," Illinois Nursing Home Administrator's Association Conference, June 6, 2012
  • Speaker, "Emergencies Happen Without Warning: Be Ready for Anything!," Illinois Health Care Association Annual Convention and Trade Show, Peoria, Illinois, September 15, 2011
  • Speaker, "Does Your Infection Control Program Pass Muster?," Illinois Health Care Association Annual Convention and Trade Show, Peoria, Illinois, September 13, 2011
  • Speaker, "False Claims Act Update," Illinois Nursing Home Administrator's Association Conference, Springfield, Illinois, November 2, 2010
  • Speaker, "Improving Quality of Nursing Care: One Nurse-Attorney’s Perspective," Illinois Health Care Association Annual Convention and Trade Show, Peoria, Illinois, September 15, 2010
  • Co-speaker, "Avoiding 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, East Peoria, Illinois, 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, Starved Rock, Illinois, November 6, 2007
  • Speaker, "Whistleblowers, Qui Tam Lawsuits and the Federal False Claims Act," Illinois Nursing Home Administrator's Association, June 4, 2007