experience

Experience

Eating disorder treatment center defeats mischarging claim

Waller's client operates an eating disorder treatment center, which provides a safe space for those afflicted with eating disorders to receive intensive in-patient care. In late 2019, a former patient embarked on a mission to recover substantial damages, alleging that she had been improperly charged double the applicable rate for in-patient treatment. In particular, the plaintiff alleged that she had a contract for a certain rate but that in 2013 and 2014 she had been charged double that rate. She alleged that she had overpaid by more than $50,000, and she sought punitive damages.

Waller defended the claims vigorously in the early stages of the litigation. No single document disproved the plaintiff's allegations, and the matter was complicated by the fact that the center was under prior ownership in 2013 and 2014 at the time in question. Ultimately, after a protracted negotiation with opposing counsel, and without having to subject to the center to extensive discovery, Waller was able to present the facts and relevant arguments in a way that demonstrated to plaintiff's counsel that there was no merit to the claims. As a result, the plaintiff voluntarily dismissed the action, without any payment from our client.

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