(July 13, 2020) – The U.S. Court of Appeals for the Third Circuit recently affirmed the U.S. District Court for the District of New Jersey’s judgment in favor of firm client, The Prometheus Group, in a case handled by Sheehan Phinney attorneys Jason D. Gregoire and Michael R. Stanley.
The Prometheus Group is a manufacturer of medical devices in Dover, NH. In 2016, The Prometheus Group was sued in the U.S. District Court for the District of New Jersey by a former physician customer who claimed that The Prometheus Group and its contractor provided the physician’s practice with bad medical billing advice, which caused the physician’s practice to submit fraudulent claims to the U.S. Government and led to the practice paying $5.25 million in settlement to the Government when sued under the False Claims Act. The physician sought to recoup this significant settlement payment and other damages from The Prometheus Group and its contractor.
At the trial level, the Sheehan team successfully obtained dismissal of 7 of 8 of the physician’s claims for failure to state a claim and then obtained summary judgment on the 8th claim for failure to sue within the applicable statute of limitations. The U.S. Court of Appeals for the Third Circuit subsequently affirmed the trial court.
Read the full decision here.
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Sheehan Phinney is a full service business law firm representing local, national and international clients with innovative approaches and practical solutions. Founded in 1937, Sheehan Phinney has grown to over 60 attorneys with four offices throughout New Hampshire and Massachusetts and is known for professional excellence, practical counsel and commitment to both its clients and the communities it serves. Sheehan Phinney is the exclusive member in New Hampshire of Lex Mundi, the world’s leading association of premier independent law firms.