Led by the Firm’s Healthcare and Litigation practice groups, and attorneys Mohamed H. Nabulsi, Michael S. Kivowitz, and Todd M. Nosher, Mandelbaum Barrett PC recently secured a complete dismissal and significant win for its clients in an attempted Civil RICO case filed by an insurance carrier against multiple defendants in the United States District Court for the Eastern District of New York for a purported medical billing scheme.
The Mandelbaum Team moved quickly for dismissal of plaintiff’s causes of action, including a challenge to Plaintiff’s statutory standing. Agreeing with the Mandelbaum Team, the Court ultimately “determine[d] that Plaintiff fails to state a claim for each RICO violation alleged in the [pleading] primarily due to a lack of statutory standing.” The Court also made clear that, “it is hard to determine the extent to which Claimants’ injuries were the result of the alleged racketeering, as opposed to other causes, for example, the ‘poor business practices’ of the [injury site] owners.” Significantly, the Court also denied the insurance carrier’s request to replead, holding “Plaintiff’s proposed supplemental pleading does not address the fundamental defect identified by the Court, statutory RICO standing.”
This marks a notable victory given the high stakes involved. Defeating or at least degrading these actions at the pleading stage is critical to a healthcare provider avoiding costly and risky litigation.
Mandelbaum Barrett PC has significant experience in handling complex healthcare litigation including Civil RICO and related actions with a notable string of recent victories on behalf of their clients.
These stories are successful case results from our attorneys. Please note that results may vary depending on your particular facts and legal circumstances.