Jurisdiction to Freeze Assets but Not to Thaw Them

A recent Fourth Circuit opinion in a False Claims Act case demonstrates that while the government can freeze defendants’ assets before trial with lightning speed, getting them unfrozen can take anywhere from many years to never. In 2014 whistleblowers filed a qui tam action against BlueWave Healthcare …

[Read more...]

Hail Mary Passes & Banana Peels

March 23 saw a rare spectacle in the courtroom of the Indiana Supreme Court: lawyers for a medical malpractice case plaintiff, supported by the Indiana Trial Lawyers as amicus, and lawyers for the physician defendant in the case, supported by Defense Trial Counsel of Indiana as amicus, argued for the same result: …

[Read more...]

Sometimes a Belt & Suspenders Aren’t Enough

Even the most cautious lawyer might think that Columbia North Hills Hospital had done enough to compel arbitration when a former employee sued for sexual harassment, retaliation, and negligence.  The trial court thought so.  It granted the hospital’s motion to compel arbitration and then entered judgment …

[Read more...]

Indiana Reaffirms Relaxed Rule for Med Mal Complaints

In Indiana a medical malpractice plaintiff doesn’t proceed directly to court.  First, a proposed complaint goes to the Indiana Department of Insurance, and the case is heard by a Medical Review Panel consisting of physicians.  The complaint isn’t filed in court until the panel has issued its opinion. The …

[Read more...]

A Contract Be too Good to Be True

If it sounds too good to be true, it probably is.  A  Florida Supreme Court decision provides a variation on the adage: if a contract looks too favorable to one side to be valid, it probably isn’t. Thirty-nine weeks pregnant and experiencing contractions, Mrs. Crespo arrived at her doctor’s office.  …

[Read more...]

Government Wants to Settle, Whistleblowers Don’t

What happens when the government wants to settle a False Claims Act case, but the whistleblowers who filed the case don’t?  That was the question before the U.S. District Court for the District of Colorado. Airport hangar owners David Shepard and William Marvel brought a whistleblower case against the …

[Read more...]