Experience

Obtained Writ of Prohibition from the West Virginia Supreme Court dismissing all claims

We represented an insurance agent accused of starting a sexual relationship with the plaintiff’s ex-wife in order to convince her to purchase an annuity. The plaintiff alleged claims of negligence, breach of fiduciary duty and other torts. The West Virginia Supreme Court found that all of the plaintiff’s claims were based upon the fact that our client allegedly had an affair with the plaintiff’s ex-wife, and so were in reality all claims for alienation of affections. This resulted in the dismissal of all claims against our client.

Obtained Writ of Prohibition from the West Virginia Supreme Court that caused the dismissal of a potential class action

We obtained a Writ of Prohibition from the West Virginia Supreme Court ordering the plaintiff to submit to arbitration based upon an arbitration agreement contained in the plaintiff’s mortgage. This resulted in dismissal of the plaintiff’s claims, which were brought as a putative class action under the West Virginia Consumer Credit and Protection Act.

Dismissal of ERISA Breach of Fiduciary Duty Claims

We represented an employer accused of failing to properly process an employee’s benefits enrollment form, which resulted in the employee’s spouse not receiving life insurance coverage. The employee alleged that our client negligently failed to procure the insurance coverage and breached its fiduciary duties under ERISA by failing to procure the coverage. We successfully argued that the employee’s state law claims were preempted by ERISA and that she had failed to allege a cognizable breach of fiduciary duty claim under ERISA, which resulted in dismissal of all claims.

Dismissal of Malpractice Claims Against an Attorney

We represented an attorney accused of intentionally inadequately defending his client, the plaintiff, due to the attorney’s relationship with the opposing counsel and because of the plaintiff’s race. We successfully obtained dismissal of all claims, with the court finding that the plaintiff’s complaint was frivolous and failed to state a claim.

Obtained Dismissal of a West Virginia Patient Safety Act Claim

A former hospital administrator’s claim of retaliation in violation of the West Virginia Patient Safety Act was dismissed because we proved that the former employee was not subject to the Act’s protection because she was an administrator.

Obtained Order Enforcing an Arbitration Award

We successfully defeated a plaintiff’s challenge to an arbitration award in our client’s favor.

Successfully Defended Appeal of the Dismissal of Breach of Fiduciary Duty and Conversion Claims

We obtained dismissal of breach of fiduciary duty and conversation claims against our client, a bank, based upon the statute of limitations. The plaintiff, an attorney, had deposited client funds into an account under his name. These funds were seized by the state of West Virginia as a result of the lawyer owing back taxes. The lawyer sued the bank, alleging that it should not have permitted the state to seize the funds because they were client funds, despite being in an account in his name. We argued that the lawyer knew for more than five years of the seizure of the funds before he filed suit and that the claims should be dismissed under the statute of limitations. After we prevailed at the Circuit Court, the lawyer appealed to the West Virginia Supreme Court, which upheld the dismissal.

Summary Judgment on an ERISA Claim for Benefits

Our client contended that the widow of its deceased employee was entitled to life insurance benefits under the client’s employee benefits plan. The insurance company that sponsored the plan denied coverage for the benefits. Our client fought on behalf of the widow of its deceased employee to establish coverage for the benefits by arguing that that insurance company had abused its discretion in denying the benefits. We ultimately prevailed and were grated summary judgment against the insurance company.

Summary Judgment on Employment Discrimination Claims

We successfully demonstrated to the judge that a hospital administrator’s allegations of harassment by a male nurse and failure by the hospital to properly respond to her report of harassment could not be tied to a gender motivated bias. This summary judgment award was subsequently upheld on appeal.

Successfully defended state official during investigation of possible conflicts of interest

We represented an elected state official under investigation by the FBI for using his influence to divert money to projects from which he would benefit. We spent three months reviewing documents and interviewing witnesses, and after presenting our findings to the U.S. attorney’s office, the case was dropped.

University athletic director convicted of embezzlement following independent investigation

We represented a public university whose athletic director improperly used his purchasing authority for personal gain. The university hired us to conduct an independent investigation to determine whether any embezzlement actually took place. Our investigation lasted six months and included hiring an accounting firm to track years of financial transactions, as well as interviews with multiple university officials. We presented our findings to the university president and board of trustees, who in turn authorized us to present our report to the authorities. The athletic director was ultimately convicted of embezzlement.

Defended an Equipment Supplier Against Anti-trust Allegations

We represented a national equipment supplier suspected of anti-trust violations. The government’s anti-trust division believed the company was colluding with competitors to pre-determine bids for certain opportunities. We conducted a three year investigation, interviewing more than 60 sales personnel across the country and reviewing thousands of emails. Ultimately, our report to the Department of Justice resulted in the end of the investigation.

Housing Agency Director Cleared of Mismanaging Funds

We represented a metropolitan housing agency whose executive director was alleged to have improperly used public funds for his own benefit. We interviewed agency employees and examined records for evidence that the director had shown favoritism to any of his employees or used public money for personal use. The allegations and investigations were heavily covered in the local press. Although there were no findings of impropriety by the executive director, we recommended stricter financial controls for the future.

Proved Allegations That A Construction Manager Created False Invoices

We represented a national assisted living company that suspected a construction manager of creating false invoices for work that was never completed throughout the south and Midwest. We conducted a six month investigation that included witness interviews and analysis of bank deposits, invoices and other documents to prove that the construction manager, who was ultimately prosecuted, had created the false invoices.

Health Care Services Cleared of False Claims Allegations

We represented a health care services business that provided billing services to physicians groups and emergency rooms after a false claims act (FCA) suit was filed alleging the company had improperly coded and overcharged government health care services, including Medicare and Medicaid, by millions of dollars. We did our own analysis of the company’s records while working closely with the U.S. attorney’s office as well as the U.S. Department of Health and Human Services and found an explanation for the company’s coding and charges. As a result of our investigation no criminal charges were filed and the civil suit was not pursued.

Obtained Dismissal of False Claims Act Case

Our attorneys represented a Department of Energy contractor in a qui tam suit alleging wide-ranging false claims, conspiracy and retaliation in connection with reporting on environmental, health and safety requirements. The district court dismissed the case in its entirety prior to discovery. After the relator appealed, the Fourth Circuit dismissed the appeal of the qui tam and conspiracy claims and affirmed dismissal of the retaliation count.

Obtained Dismissal under False Claims Act’s First-to-File Rule

Our attorneys defended a federal contractor in a qui tam lawsuit alleging fraud and concealment with regard to records relating to worker radiation exposure at a uranium enrichment facility. The relator asserted that the contractor for many years altered and submitted false documents to increase its payments under the pertinent contracts. The district court dismissed the case without discovery, and the Sixth Circuit affirmed.

Obtained Summary Judgment on False Claims Act Case Against NASA Contractor

Our attorneys defended a contractor against qui tam and retaliation allegations relating to the construction of the external tank on the space shuttle. The relator asserted damages of over $2 billion. The court granted summary judgment for our client on all claims and dismissed the case in its entirety.

Obtained Dismissal of False Claims Act Lawsuit Under Rule 9(b)

Our attorneys defended a Department of Defense contractor in a qui tam lawsuit alleging that the contractor provided defective products to the United States Air Force. The district court dismissed the case in its entirety prior to discovery based on the relator’s failure to plead with the particularity required by Fed. R. Civ. P. 9(b). The Eleventh Circuit affirmed dismissal.

Dismissal and Enforcement of Release in False Claims Act Case

Our attorneys represented a government contractor in a qui tam suit brought by two relators alleging fraud and mismanagement in connection with several federal programs. The district court dismissed the complaint in its entirety without any discovery. The court also enforced a release signed by one of the relators while the case was pending under seal.

Obtained Favorable Settlement for Home Health Care Provider

Our attorneys represented a home health care provider in a qui tam lawsuit alleging fraudulent inducement of a contract to provide respiratory therapy equipment, supplies, and services to VA patients. Our client retained us after the court denied a motion to dismiss and costly discovery was underway. Our attorneys were able to obtain a fast and favorable settlement that allowed our client to continue its business.

Represented Department of Defense Contractor in Litigation about the Scope of the pre- and post-FERA False Claims Act

Our attorneys represented a Department of Defense contractor in multiple appeals concerning the scope of the FCA’s liability provisions as applied to subcontractors and the effect of the Fraud Enforcement and Recovery Act amendments to the FCA’s liability provisions on pending cases.

Obtained Dismissal of False Claims Act Case Alleging Fraudulent Inducement of Department of Energy Contract

Our attorneys represented a Department of Energy contractor in a qui tam lawsuit alleging fraudulent inducement of a contract to refurbish the spin rocket motor in the B61 thermonuclear bomb. The district court dismissed the relator’s claims after limited discovery.

Obtained Dismissal of False Claims Act Case Regarding Employee Overtime

Our attorneys represented a defense contractor in a qui tam suit alleging fraudulent government billings relating to unearned employee overtime. The district court granted our motion to dismiss the relator’s FCA claims prior to discovery.

Subpoena and Internal Investigation in False Claims Act case Involving Medicaid Drug Rebates

Our attorneys represented a major pharmaceutical distributor in a qui tam case involving the alleged failure to pay Medicaid rebates for repackaged drugs. All of the relator’s claims were dismissed.

Obtained Summary Judgment on False Claims Act case against Small Business and Sanctions Against Relator’s Counsel

We defeated a qui tam suit alleging fraudulent inducement of a contract alleging misrepresentations relating to the capabilities and characteristics of the contractor’s product. The district court granted summary judgment and ordered the relator and his attorneys to pay our client’s attorneys’ fees and the Sixth Circuit affirmed.

Obtained Favorable Settlement in Intervened False Claims Act Case Alleging Violation of Environmental Laws

Our attorneys represented a Department of Energy contractor in an intervened FCA lawsuit alleging the submission of false claims and statements associated with the contractor’s compliance with environmental statutes and regulations. After more than a decade of litigation, the government agreed to settle the case for less than one percent of its initial damages calculation.

Successfully Resolved Intervened False Claims Act Case Against Department of Defense Contractor Involving Multiple Relators

Our attorneys represented a federal contractor in an intervened FCA lawsuit arising out of multiple qui tam suits alleging that the contractor acted recklessly by failing to oversee and discover the fraudulent activities of one of its suppliers. The attorneys obtained dismissal of one relator under the FCA’s first-to-file rule at both the district court level and in the Fifth Circuit. They also successfully defeated an early motion for summary judgment brought by the Department of Justice on its common law claim premised on an alleged violation of the cost-plus-percentage-of-cost prohibition. After Court denied the Government’s motion for summary judgment, the case settled for a fraction of the Government’s alleged single damages.

Assistance with Internal Investigations, Government Investigations and Subpoenas

We regularly assist and advise companies with internal investigations in response to whistleblower complaints, internal reports of wrongdoing, and inquiries from federal agencies. We also routinely represent companies that have received a DOJ or IG subpoena, working quickly to respond to the subpoena and investigate the likely allegations. We have persuaded the Government to decline intervention in numerous sealed qui tam actions.

Multi-party subrogation dispute as to liability for large fire losses

At the request of a large insurer, we defended an insured, commercial policyholder-tenant against subrogation claims from a landlord’s insurer who claimed our policyholder shared liability for a vehicle fire on the landlord’s premises. The fire resulted in hundreds of thousands of dollars in fire/smoke damage to the leased premises. There were actually two defendants, the second being the mechanic that our client, the policyholder-tenant, had hired to address electrical issues in the vehicle. Those electrical issues caused the fire, though the co-defendant tried to deny any fault. Accordingly, at the start of the case, we hired a fire causation expert who pinpointed the cause as faulty electrical repairs by the co-defendant. When the co-defendant still denied liability, we hired an auto mechanic expert to address the repairs that were made and the additional steps that should have been taken to prevent the fire. I then took the deposition of the co-defendant’s mechanic, using our expert input to discredit the position of the co-defendant. I also analyzed the level of damages claimed by plaintiff with the help of an adjuster-expert. Our efforts and analysis led to a favorable settlement at mediation in which we were able to effectively exonerate our client and avoid any substantial liability.

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