Cases
Representative Matters: White Collar Defense, including Health Care
False Claims Act Litigation: Ongoing defense of a medical director in a False Claims Act healthcare fraud case involving allegations related to orders for home health services.
Defended a professional association in a FTC investigation into alleged anticompetitive conduct including alleged allocation of market
concerted refusal to deal. After concluding its investigation the FTC determined that no additional action was warranted
no claims would be pursued.
Ongoing defense of a medical marketing company in a False Claims Act qui tam (whistleblower) action.
Represented physician
physician practice in defense of allegations of intentional false diagnoses. The case began with an FBI visit
a gr
jury subpoena. After conducting a year-long investigation, the Department of Justice concluded that the physician was intentionally injecting toxic material into the necks of vulnerable patients for the sole purpose of generating profit. After litigating against the United States for nearly four years, no criminal case was pursued
the government settled its civil False Claims Act complaint against the physician
physician practice for less than the alleged single damages, with no admission of liability
no exclusion from participation in Medicare/Medicaid.
Represented a medical technology company that was a target in a white-collar criminal investigation being conducted by the United States Attorney's Office in Boston, Massachusetts. After a proffer of management, the government did not pursue any claims.
Defended a large physician practice in an investigation by the Department of Justice
HHS/OIG
in a subsequent False Claims Act action in which the United States intervened. The initial complaint alleged damages in excess of $500 million based on billing that allegedly violated the Stark Law
the Anti-Kickback Statute. The government settled the claims just before trial in a settlement that involved no admission of liability
no payment by the physician practice.
Defended physician practice in a whistleblower retaliation action brought under the False Claims Act. The claims were dismissed with prejudice pursuant to a settlement.
Defended a nursing home organization in an investigation by HUD enforcement. HUD enforcement accused the organization of equity skimming $1.6 million from a HUD loan project
they gave notice of their intent to have the OIG refer the matter to the Department of Justice for prosecution. After in-depth analysis of a decade of financial records, a presentation was made to HUD enforcement, which resulted in HUD concluding that no equity skimming had occurred
what had been viewed as improper distributions were merely improper accounting entries.
Represented an individual in a white-collar criminal action involving a claim of conspiracy to defraud the United States.
Defended a Fortune 500 company in a DOJ investigation into alleged anticompetitive conduct including alleged horizontal price-fixing. After concluding its investigation, the DOJ did not pursue any charges.
Labor & Employment Litigation: Trial victory in Jefferson County Circuit Court in defense of a wholesale grocer in an action alleging that the grocer caused the plaintiff's permanently disabling injuries. The Alabama Court of Civil Appeals affirmed.
Summary judgment in federal court on behalf of a construction company facing claims by a former employee for discrimination under the Rehab Act.
Ongoing representation of radio broadcast company in a suit against former managers
a competitor for their conspiracy to unfairly compete
tortiously interfere with client's employee
customer relationships.
Defense of a physician practice
its management against claims of malicious prosecution brought by a former employee. Obtained summary judgment on behalf of all four defendants.
Represented Ford Motor Company in an action by an employee who argued that his workplace injuries resulted from an intentional tort
thus that he could recover against the defendant despite the exclusive remedy provision of the Worker's Disability Compensation Act. The Court of Appeals affirmed a dismissal of the employee's claim
the Michigan Supreme Court denied leave to appeal.
Representation of a defendant municipal utility that was sued by a former employee for discrimination
wrongful termination. Plaintiff sought damages in excess of $1 million. The Circuit Court granted the defendant summary disposition
the Court of Appeals affirmed.
Other High-Stakes
/or Complex Litigation: Represented an anesthesiologist in a three-week jury trial in federal court in a case in which the doctor faced allegations of committing sexual battery in a surgery center.
Represented the Walt Disney Company in federal district court action in which it was alleged that its television series infringed upon the plaintiff's copyrighted novels. Obtained dismissal of all claims on grounds of lack of substantial similarity.
Represented JPMorgan Chase in a putative class action in federal district court. Plaintiffs alleged that the bank violated the Truth in Lending Act each time that the bank received an assignment of mortgage as a loan servicer but did not notify the borrower that the bank was the new owner of the loan. The court granted the bank's motion for summary judgment on grounds that the bank fell within a safe harbor of TILA.
Representation of a plaintiff development company in a suit in federal district court arising from the defendant's attempt to terminate the plaintiff's easement over a parking lot owned by the defendant. Without access to the parking the plaintiff would suffer damages in excess of $1 million. The Court granted the plaintiff's motion for summary judgment on counts of quiet title
sl
er of title
awarded plaintiff attorneys' fees based on a showing that the defendant acted with malice.
Acted as Special Attorney General representing a public entity in a combined appeal to the Michigan Supreme Court. The appeal presented questions of statutory interpretation, public utility jurisdiction,
constitutional issues of separation of powers
involved an amount in controversy of approximately $589 million. The client prevailed on both appeals, obtaining an affirmance of a favorable Court of Appeals ruling
a reversal of an unfavorable Court of Appeals ruling.
Representation of a defendant in the Michigan Court of Appeals
Supreme Court in an action brought by a municipality in an effort to prevent the construction of a petroleum pipeline within the city's borders. The Court of Appeals issued an opinion finding in favor of the defendant
the Michigan Supreme Court then denied leave to appeal.
Representation of a plaintiff title insurer in a mortgage fraud action against two defrauders
a closing
escrow company. The trial court awarded the plaintiff a judgment of approximately $1.7 million.
Representation of an electric transmission company in the Michigan Supreme Court in an action brought by the City of Taylor in an attempt to enforce an ordinance that unilaterally ordered utilities to move facilities underground. The Court issued an opinion finding that the City of Taylor's constitutional authority to control its streets did not support the validity of the ordinance in question.
Defended an operator of a Job Corps site from 40 lawsuits by Job Corps students alleging fraud
breach of contract.
