Matters
- Successfully defended a Texas health system in the Northern District of Texas in an action under the False Claims Act and Texas Medicaid Fraud Prevention Act involving alleged violations of the Anti-Kickback Statute and Stark Law. Won summary judgment, obtaining complete dismissal with prejudice. Prepared successful motion to dismiss Relator’s appeal in the Fifth Circuit Court of Appeals in New Orleans. Achieved denial of Relator’s petition for writ of certiorari by Supreme Court of the United States.
- Defended a health system in a three-week jury trial of a long-running partnership dispute alleging breach of contract, breach of fiduciary duty, fraud, conspiracy, and other claims.
- Defended national healthcare company and large Texas non-profit health system in a False Claims Act lawsuit alleging violation of the Anti-Kickback Statute and the Stark Law. Obtained with prejudice dismissal of False Claims Act claims at the motion to dismiss stage. Successfully defended the dismissal on appeal to the United States Court of Appeals for the Fifth Circuit, which affirmed the trial court’s decision in its entirety.
- Successfully defended health care company against tort claims in federal class action and state mass action cases arising out of allegedly unnecessary medical procedures. Cases were resolved through mediation on terms favorable to the client.
- Represented national health care company against mass action claims in Kentucky state court arising out of allegedly unnecessary cardiac procedures. Assisted with a trial of the first bellwether case, which resulted in an across-the-board defense verdict.
- Represented health care company in involuntary bankruptcy proceeding alleging unpaid debts of a non-operating partnership. Matter was resolved on favorable terms through mediation.
- Represented non-profit health system against tort claims in Utah state court mass action involving nearly 1,000 plaintiffs regarding allegedly unnecessary cardiac procedures. Cases were resolved on favorable terms through mediation.
- Member of a team that successfully defended against an attempt to obtain an injunction to prevent a national health care company from engaging in a large-scale transaction to sell certain of its hospital assets.
- Successfully resolved multi-million dollar partnership dispute for health system on terms favorable to the client after extensive discovery and motion practice.
- Key member of a team that successfully briefed and argued an appeal to the United States Court of Appeals for the Ninth Circuit and the United States Supreme Court challenging a district court’s determination that state law antitrust claims for price-fixing in the natural gas market were preempted by the Natural Gas Act. The Ninth Circuit reversed, and after accepting certiorari, the Supreme Court affirmed the Ninth Circuit in a 7-2 majority decision.
- Successfully managed day-to-day and settlement activity, including serving as liaison counsel for class plaintiffs, in high-value multi-district litigation centering on price-fixing in the natural gas markets. Played a key role in driving settlements totaling more than $110 million to date on behalf of direct purchaser plaintiffs in three states.
- Represented a health care company in breach of contract action arising out of real estate lease. Matter was resolved on favorable terms through mediation.
- Represented a health care company in breach of contract action arising out of dissolution of joint venture and related contracts. Matter was resolved on favorable terms through direct negotiation.
