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Primax Recoveries Inc. v. Sevilla

 Primax Recoveries Inc. v. Sevilla, 324 F.3d 544 (7th Cir. 2003) (successfully argued to the Seventh Circuit that federal law did not preempt health insured’s state law claims seeking application of Illinois’ common fund doctrine to insurer’s reimbursement lien asserted against insured’s third-party recoveries; and that insurer’s strategic waiver in state court barred its claims in federal court).  See also Primax Recoveries, Inc. v. Sevilla, 2002 WL 58816 (N.D. Ill. Jan. 15, 2002) (granting motion to dismiss); Health Cost Controls v. Sevilla, 365 Ill.App.3d 795 (1st Dist. 2006) (reversing denial of class certification).  In 2011, after 15 years of litigation, the firm obtained full recovery for the class, plus pre- and post-judgment interest, and attorneys’ fees from the insurer.

 

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