December 21, 2015
On December 18, 2015 the firm won a significant dismissal of a $27 million RICO case brought by the New York State Catholic Health Plan against our client, Academy Orthotic & Prosthetics Associates, IPA and its principals. The Health Plan argued that it was defrauded in violation of RICO because it paid millions of dollars in claims to Academy thinking it was a provider of medical equipment when in actuality it was a network of medical equipment providers. Judge Jack B. Weinstein granted SSD's dismissal motion in a 52 page decision on the basis that the fraud predicates were duplicative of the contract between the parties and that no deception occurred as a matter of law, and thus there could be no RICO or common law fraud claims.
Schlam Stone & Dolan partners Jeffrey M. Eilender and Lyndon M. Tretter and senior associate Samuel L. Butt represented Academy in this victory.