United States ex rel. Kaczmarczyk, et al. v. SCCI Hospitals
Sep 30, 2006
OUTCOME: $10,000,000 settlement
Qui tam case involving Stark and antikickback law allegations against Long Term Acute Care hospital as well as Cost Report allegations. Extensive discovery conducted; case settled during mediation.
Litigation
PepsiCo, Inc. v. Central Investment Corp.
Jun 15, 2004
OUTCOME: Pepsico defeated; counterclaims settled
PepsiCo sued CIC to terminate its highly-valuable Pepsi bottling franchises in Florida and Ohio. We vigorously defended the case and obtained summary judgment against PepsiCo. PepsiCo failed to get sum...mary judgment against CIC's counterclaims. CIC was subsequently sold to a PepsiCo-owned entity for $340,000,000.
Pepsico, Inc. v. Central Investment Corp., 2002 U.S. Dist. LEXIS 25764 (S.D. Ohio 2002)
Pepsico, Inc. v. Central Investment Corp., 2002 U.S. Dist. LEXIS 25765 (S.D. Ohio 2002)
Pepsico, Inc. v. Central Investment Corp., 216 F.R.D. 418 (S.D. Ohio 2002)
PepsiCo, Inc. v. Central Investment Corp., 268 F. Supp. 2d 962 (S.D. Ohio 2001)
PepsiCo, Inc. v. Central Investment Corp., 271 F. Supp.2d 1040 (S.D. Ohio 2001)
Litigation
James Perkins v. American Electric Power Co.
Jan 07, 2004
OUTCOME: $3,400,000 damage award
Mr. Perkins was a seaman on the Ohio River. He fell from one level of a towboat to another and was badly injured. The trial court ruled against him. We were able to get the verdict against him reversed... on appeal and then secured a damage award in his favor of more than $3,400,000, which was affirmed by the Sixth Circuit.
Perkins v. Am. Elec. Power Fuel Supply, Inc., 91 Fed. Appx. 370 (6th Cir. 2004)
Perkins v. Am. Elec. Power Fuel Supply, Inc., 246 F.3d 593 (6th Cir. 2002), cert. denied, 534 U.S. 994 (2001)
Government contracts
United States ex rel. Pogue v. Diabetes Treatment Ctrs. of America, Inc.
N/A
OUTCOME: Pending
The case involves allegedly-improper financial relationships between DTCA and physicians hired as medical directors in diabetes treatment centers around the country. Published opinions at 474 F.Supp.2d... 75 (D.D.C. 2007) (establishing False Claims Act limitations period and addressing Touhy procedures); 235 F.R.D. 521 (D.D.C. 2006) (denying Rule 9(b) dismissal); 238 F. Supp. 2d 270 (D.D.C. 2002); 238 F. Supp. 2d 258 (D.D.C. 2002). Co-counsel include Scott A. Powell and Don McKenna of Hare, Wynn, Newell & Newton in Birmingham, Alabama.