Litigation
Merging trial and appellate experience with comprehensive knowledge of the healthcare regulatory environment, Waller Lansden's healthcare litigation attorneys provide results-driven representation in healthcare fraud matters, government investigations, hospital litigation, pharmaceutical litigation, ERISA litigation, including class actions, and commercial litigation.
In healthcare fraud matters, our attorneys have extensive experience defending healthcare companies in False Claims Act/qui tam litigation involving both Medicare and Medicaid fraud allegations. We frequently represent clients in government investigations by the U.S. Department of Justice, the Office of the Inspector General and State Attorneys General. We also assist clients with internal investigations and corporate compliance matters. Our healthcare litigation attorneys include former Assistant United States Attorneys and the former Attorney General of the State of Tennessee.
Our attorneys are experienced in all aspects of hospital litigation, including peer review and certificate of need proceedings, licensure, economic credentialing and other regulatory issues. Our experience also includes working with tax-exempt hospitals in matters related to the disposition of charitable assets.
Our experience in pharmaceutical litigation spans from the representation of pharmaceutical manufacturers in product liability lawsuits to the defense of pharmacy benefits managers in False Claims Act/qui tam litigation and ERISA class actions. Our attorneys have broad experience in ERISA matters, including ERISA fiduciary litigation, payor-provider disputes and reimbursement issues.
In commercial litigation, Waller Lansden attorneys are experienced in a wide range of matters, from litigation resulting from healthcare mergers and acquisitions, securities litigation, real estate and construction disputes, violations of non-compete agreements and other physician disputes.
Waller Lansden has provided litigation services to the following sectors of the healthcare industry:
- Investor-owned hospital companies
- Tax-exempt hospitals and systems
- Ambulatory surgery centers
- Behavioral healthcare companies
- Healthcare REITs
- Pharmaceutical manufacturers
- Pharmacy benefits managers
- Physician practice groups
- Healthcare service providers
The following are representative cases tried by Waller Lansden’s Healthcare Litigation Attorneys:
- Counsel for a leading pharmacy benefits manager in a nationally-recognized Medicaid Fraud/False Claims Act case pending in federal court in Texas
- Defense of major pharmaceutical company and its employees against federal and state allegations of Medicare and Medicaid fraud
- Defense of pharmaceutical sales representative in federal off-labeling investigation
- Counsel for a leading medical device manufacturer in pending Medicare Fraud/False Claims Act case
- Defended national behavioral healthcare company in a Medicaid fraud/False Claims Act case; obtained summary judgment dismissal on all counts
- Obtained pre-trial dismissal of a False Claims Act case asserting Medicare billing fraud against a national behavioral healthcare company, affirmed by the Ninth Circuit Court of Appeals
- Successful prosecution of trade secret litigation for nation’s largest provider of patient auditing and overpayment recovery services
- In a combination of local and national roles, counsel for global pharmaceutical manufacturer in multidistrict product liability litigation
- Counsel for a leading pharmacy benefits manager in a pending nationwide ERISA class action asserting breach of ERISA fiduciary duties
- Successful prosecution of insurer's bad faith refusal to pay millions of dollars in medical claims on behalf of ERISA plan of nation’s largest hospital company
- Counsel for a leading pharmacy benefits manager in two state court class action lawsuits alleging consumer protection and pharmacy regulatory violations. Secured pre-trial dismissals of both cases for failure to state a claim
- Obtained pre-trial dismissal of a securities fraud lawsuit against a national ambulatory surgery center company
- Defense of leading pharmacy benefits manager in class action and shareholder derivative suits alleging securities fraud and illegal backdating of stock options
- Defense of stock option disputes arising out of the merger of two publicly traded healthcare companies; won defense verdict at trial which was upheld on appeal
- Secured a decision from the Eleventh Circuit Court of Appeals affirming the pre-trial dismissal of a multi-million dollar shareholder suit brought against a national healthcare company
- Successful arbitration of disputes between joint venture partners in ambulatory surgery centers
Waller Lansden’s healthcare litigation attorneys have broad experience in the following areas:
- False Claims Act/qui tam litigation
- Government investigations (DOJ, OIG, States Attorneys General, SEC)
- Internal investigations and corporate compliance issues
- Contractual indemnity claims
- Disputes regarding exclusive provider contracts
- Non-compete litigation
- Trade secret litigation
- ERISA disputes, including class actions
- Post-M&A representation and warranty disputes
- Post-M&A working capital determinations and adjustments
- Post M&A price adjustment claims
- Shareholder suits/securities fraud
- Stock option disputes
- Successor liability issues
- Consumer protection litigation
- Products liability (pharmaceutical and medical device)
- Peer review/credentialing disputes
- Certificate of Need litigation
- Impaired physician issues
- License and regulatory disputes
- Payor disputes/reimbursement issues
- Insurance coverage disputes
- Joint venture partner disputes
- Landlord/tenant disputes
- Medical real estate
- System-wide litigation management
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