Business Disputes
- Successfully defended the nation’s largest medical service organization specializing in burn care against contract and tort claims brought by the client’s former COO and long-term billing services provider. Following a week-long jury trial, the case culminated in a multi-million dollar judgment in the client’s favor. Medical Collection Systems, Inc. v. Burn and Reconstructive Centers of America, LLC, 2022-CV-00263 (Richmond Cty. Sup. Ct.).
False Claims Act / Whistleblower Litigation
Plaintiff cases
- Represented two whistleblowers in a False Claims Act case against a pharmaceutical company for illegal, off-label marketing of Nuedexta for unapproved uses in long-term care facilities and payment of kickbacks to high-prescribing physicians. The case resulted in a $166 million global civil/criminal settlement. U.S. ex rel. Arnold, et al. v. Avanir Pharmaceuticals, Inc., 1:15-cv-1250 (N.D. Ga.).
- Represented two whistleblowers in a False Claims Act case against a global pharmaceutical company for illegal, off-label marketing of Botox for unapproved uses. The case resulted in a $600 million global civil/criminal settlement, the largest recovery in an FCA case in Georgia history and in the top 25 of all time when it was resolved. U.S. ex rel. Lang, et al. v. Allergan, Inc., 1:07-cv-1288 (N.D. Ga.).
- Represented five whistleblowers in a False Claims Act case against a nationwide nursing home chain for systemic failure of care at a local facility. The case resulted in a $2.5 million settlement, the largest FCA recovery involving failure of care in a single skilled nursing facility at the time. U.S. ex rel. Chadwick et al. v. Life Care Centers of America, Inc. et al., 02-cv-3177 (N.D. Ga.).
- Represented a whistleblower in a False Claims Act case against a medical billing company for altering diagnosis codes on Medicare and Medicaid claims to ensure their payment. The case resulted in a $1.95 million settlement. U.S. ex rel. Vaughn v. Med. Bus. Serv., 1:10-cv-02953 (N.D. Ga.).
Defense cases
- Successfully defended a nationwide broker of SBA-backed commercial loans in a False Claims Act action brought by a hedge fund challenging the broker’s underwriting practices. Our client’s motion to dismiss was granted because the action was based on publicly disclosed information, and the dismissal was upheld by the Eleventh Circuit Court of Appeals. U.S. ex rel. Brickman and Greenlight Capital, Inc. v. Business Loan Express, LLC et al., 2007 WL 4553474 (N.D. Ga. 2007), aff’d, 310 Fed. Appx. 322 (11th Cir. 2009).
- Successfully defended a publicly traded durable medical equipment company in a False Claims Act action, obtaining dismissal of the action based on failure of the complaint to satisfy Fed. R. Civ. P. 9(b). The dismissal was upheld by the Eleventh Circuit Court of Appeals, and the U.S. Supreme Court denied the relator’s petition for writ of certiorari. U.S. ex rel. Corsello v. Lincare Inc., 2003 WL 25714876 (N.D. Ga. 2003), aff’d, 428 F.3d 1008 (11th Cir. 2005); cert. denied, 127 S.Ct. 42 (2006).
- Defended multiple occupational therapy and rehabilitation clinics in a False Claims Act action and succeeded in disqualifying the plaintiff’s counsel for professional misconduct. The case was subsequently dismissed for failure to prosecute, and the dismissal was upheld by the Eleventh Circuit Court of Appeals. U.S. ex rel. Roberts-Cook v. Randall Kimball et al., No. 97-cv-847 (N.D. Ga.), aff’d, 275 F.3d 56 (11th Cir. 2001).
RICO (Racketeer Influenced and Corrupt Organizations)
Plaintiff cases
- Successfully defended a sizeable jury award secured by a chemical sales company in a civil RICO trial in two appeals to the Supreme Court of Georgia. In these cases, the Georgia Supreme Court recognized, for the first time, that corporations can be sued under the Georgia RICO Act and that the preponderance-of-the-evidence burden of proof applies to such claims. Williams General Corp. v. Stone, 280 Ga. 631, 632 S.E.2d 376 (2006); Williams General Corp. v. Stone, 279 Ga. 428, 614 S.E.2d 758 (2005).
