Litigation

We litigate disputes often confronting health care providers and/or payors, including:

  • Credentialing and peer review

  • Third-party payor billing disputes

  • Antitrust issues

  • Compliance

  • Certificate of need disputes

  • Professional discipline

  • Guardianships

  • Assisted outpatient treatment (“Kendra’s Law”)

  • Retention hearings

  • Medication-over-objection hearings

  • Involuntary commitment

  • Requests for documents under “Jonathan's Law”

  • Subpoenas seeking privileged and statutorily protected information

Examples of our health care litigation experience include:

  • Successfully defended a hospital client in a major class action lawsuit claiming a conspiracy to suppress wages in violation of Sections 1 and 2 of the Sherman Act. The case was settled for nuisance value after a defendants' victory on plaintiffs' motion for class certification.

  • Represented a leading excess medical malpractice insurance carrier in defending the constitutionality of New York’s unique program for subsidized excess medical malpractice insurance (Hospital Excess Liability Pool) program and opposing health insurers’ claims for a $170 million refund of premiums; secured favorable appellate court rulings which, combined with legislative action, resulted in dismissal of the health insurers’ lawsuits.

  • Successfully defended and secured dismissal of action brought against a hospital client and its individual board members by a cardiac surgeon who lost clinical privileges when the hospital executed an exclusive contract.

  • Secured the dismissal of a case brought by an anesthesiologist against a hospital client and its board claiming an unlawful conspiracy to terminate medical staff privileges.

  • Secured several seven-figure awards for Independent Practice Associations (IPAs) in payment disputes with third-party payors.

  • Won a declaratory judgment case against HHS involving the interpretation of the laws governing Hill-Burton grants, thus successfully defending a seven-figure payback claim by the government.

  • Litigated cases involving the certificate of need (CON) process, including a judicially directed reversal of a state policy seeking to impose a so-called moratorium on certain CON approvals.

  • Successfully litigated many cases involving rate setting for health care providers.

  • Successfully defended many high-stakes administrative proceedings brought by federal and state authorities, such as EMTALA prosecutions and Medicare and Medicaid exclusion actions against both institutional and individual providers.

  • Successfully concluded a seven-figure contract claim brought by a national vendor against a hospital client by demonstrating that the vendor's own internal cost accounting records showed no lost profit and thus no damages.