Sometimes It’s Not What You Say But How You Say It

A recent First Circuit opinion demonstrates that sometimes how you say something is more important that what you say.  In fact, that principle led the court to reverse the NLRB’s order that a Massachusetts hospital must rehire a former employee. New hire Camille Legley made quite an impression on his first …

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$4 Million Liability for Bad Legal Advice to a Chiropractor

Allstate Insurance has won a judgment of nearly $4 million against a NY lawyer and Calif. consultant who guided a NJ chiropractor in structuring a medical practice designed to appear to meet the requirements of the state Insurance Fraud Protection Act (Act) while actually violating them. The defendants owned a …

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Who Says Ignorance of the Law Is No Excuse?

If you think that ignorance of the law is no excuse, take a look at the Eleventh Circuit’s opinion in US ex rel. Phalp v. Lincare Holdings. It leaves no doubt that in a False Claims Act case, ignorance can be a solid defense. Oxygen supply company Lincare was sued by two former salesmen for violating of the …

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Defendant Seeks Attorney Fees from Whistleblower’s Attorneys

When a qui tam case is dismissed, it’s not unusual for the defendant to seek an order requiring the whistleblower to reimburse its attorneys’ fees. What is unusual is for the defendant to seek an order requiring the whistleblower’s attorneys, rather than the whistleblower himself, to make the payment. But …

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Why the Tail Policy Didn’t Cover the Doctor’s Tail

Dr. Steven Svabek may have set a record for the number of reasons why his tail policy didn’t cover the medical malpractice claims against him. According to a memorandum decision issued last week by the Indiana Court of Appeals, on Dec. 7, 2012, Dr. Svabek purchased a tail policy from Lancet Indemnity, …

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Third Circuit’s Gift to Qui Tam Defendants

It’s so brief—just eleven words in a 23-page, single-spaced opinion---that you could easily overlook it, but the Third Circuit’s recent opinion cites the government’s nonintervention in a qui tam case as evidence supporting dismissal of the case for failure to state a claim. Since the government declines …

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