Dismissal of Claims Against Fire Expert Client
Secured dismissal of abuse of process and malicious prosecution claims against our client, a fire origin and cause expert who had been retained by an insurance company to investigate a house fire. Based on the expert’s opinion that the fire was intentionally set, the insurer filed a declaratory judgment action seeking a determination of no insurance coverage. A jury found against the insurer and in favor of the homeowner. Subsequently, the homeowner filed suit against the insurer and expert for actual and punitive damages, alleging the expert “instigated” the declaratory judgment action by providing false information because he did not follow the proper scientific methodology contained in NFPA 921. The U.S. District Court for the Western District of Missouri granted the motion to dismiss all claims against the expert based on its finding that the expert did not instigate the declaratory judgment action, the declaratory judgment action presented an actual case or controversy, and the expert’s opinion met the requirements of Fed. R. Civ. P. 702 and NFPA 921.
Summary Judgment for Transportation Industry Client
Secured summary judgment for a transportation industry client in a personal injury case in which a delivery truck driver sustained significant injuries. The Judge dismissed the case finding that the client owed no duty to the driver because any risk or danger was created by the driver, not the client.
Obtained Motion to Dismiss for Real Estate Agent
Obtained a motion to dismiss on behalf of a real estate agent in a matter alleging falsities in a Seller’s Disclosure. The case was dismissed for failure to state a claim.
Summary Judgment in Qui Tam Action Alleging Medicare Fraud
Obtained summary judgment on behalf of health care client in a qui tam action under the False Claims Act. In this case, the whistle blower sought over $1 billion, based on all claims submitted. The judgment, regarding allegation of Medicare fraud, was successfully defended on appeal.