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 healthcare, 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 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

  • 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 healthcare 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

  • 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

  • Healthcare 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

  • Vice President 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

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
  • 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, "Non-Acute Care Track: Regulatory Pitfalls in Post-Acute Care Design, Construction and Operation," ACE Summit and Reverse Expo, Atlanta, Georgia, February 20, 2017
  • 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, "How Can I Get This Resident Out of My Facility?" & "Using Your Compliance Plan to Avoid False Claims Act Liability," Life Services Network Annual Conference, Rosemont, IL, April 30, 2014 & May 2, 2014
  • 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, November 2, 2010
  • Speaker, Illinois Health Care Association Annual Convention and Trade Show, Peoria, Illinois, September 15, 2010
  • 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