State Ex Rel. Beeler, Schad & Diamond, P.c. V. Burlington Coat Factory Warehouse Corp., No. 1-05-3824 (ill. App. Ct. 2006).Defendant, Burlington Direct, formerly made sales through its website. Plaintiff, a relator, filed a qui tam action in the name of the State of Illinois against Defendants Burlington Coat Factory and Burlington Direct, pursuant to the Whistleblower Reward and Protection Act, alleging that the companies failed to collect and remit use tax. The Attorney General intervened in the action and moved for nonsuit and voluntary dismissal. The Circuit Court granted the Attorney General's motion to dismiss the action. On appeal the Appellate Court of Illinois, First District, affirmed the decision of the Circuit Court, upholding the presumption that the State was acting in good faith, and barring glaring evidence of fraud or bad faith by the State, it was the State's prerogative to decide which cases to pursue, not the court's.
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