Experience
Obtained Writ of Prohibition from the West Virginia Supreme Court that caused the dismissal of a potential class action
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
University athletic director convicted of embezzlement following independent investigation
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.
Jury Sides with Client Over Plaintiff Seeking Hundreds of Thousands in Damages
We represented a national convenience store chain in a civil action in which a customer alleged that she slipped and fell on an unknown liquid near one of the gas pumps. She sued the convenience store chain for past and future medical expenses, as well as past and future pain and suffering. She alleged permanent injuries to her elbow, shoulder and neck. Through pretrial motions we filed and were granted by the court, the plaintiff’s possible damages were reduced by approximately $110,000. Damages sought by the plaintiff at trial totaled over $500,000. We argued that the premises were not unsafe or, alternatively, that the liquid had not been on the ground long enough for anyone to know of it or warn the customer to avoid it. The jury found the convenience store chain was not at fault and awarded no damages.
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
Obtained Dismissal under False Claims Act’s First-to-File Rule
Obtained Summary Judgment on False Claims Act Case Against NASA Contractor
Obtained Dismissal of False Claims Act Lawsuit Under Rule 9(b)
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
Obtained Dismissal of False Claims Act Case Alleging Fraudulent Inducement of Department of Energy Contract
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
Obtained Favorable Settlement in Intervened False Claims Act Case Alleging Violation of Environmental Laws
Successfully Resolved Intervened False Claims Act Case Against Department of Defense Contractor Involving Multiple Relators
Assistance with Internal Investigations, Government Investigations and Subpoenas
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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