Healthcare Litigation
Seven-Figure ERISA Collection Action for Dialysis Provider. Amador Kelly successfully represented a publicly traded dialysis company in an action against a large self-insured health plan to collect large receivables. Case was filed in federal district court under ERISA. We obtained a seven figure settlement before trial.
Seven-Figure Claim Against Surgeons and Collection of Accounts Receivable. Amador Kelly successfully represented pediatric surgeons who were sued for millions of dollars by their former group for breach of contract, misappropriation of trade secrets, interference with contractual relations, interference with prospective economic advantage, unfair competition and breach of fiduciary duties. The plaintiff alleged the surgeons had used confidential and trade secret information in connection with their new job discussions with a much larger group. The clients cross-complained for their accounts receivable earned while they were at the group. After a lengthy healthcare arbitration the arbitrator awarded the plaintiff’s nothing and awarded our clients all of their accounts receivable, attorneys’ fees and costs.
Defense of a Fortune 500 Health Care Provider Sued for Overbilling. Amador Kelly's client was sued by a school district for overbilling in a case where the client was a non-contracted provider of medical services to a self-insured school district. Through its aggressive representation Amador Kelly was successful in negotiating a settlement where the health care provider paid nothing.
Breach of Contract Collection for DME Supplier. We successfully represented a durable medical equipment (DME) provider to collect monies owed under a contract where the dispute centered around prior authorizations received by the payor.
Defeated HIPAA Violation Allegations. Successfully represented physicians in defeating a claim of HIPAA and HITECH and California Civil Code 1798.2 violations due to disclosure of alleged protected health information (PHI) of the physicians own patients as a result of physician job applications. The information was shared among HIPAA covered entities.
Business and Healthcare Transactional
Medical Group Splitting from IPA Division. Amador Kelly successfully represented a medical group in its separation from a large IPA and in preparing and negotiating the Asset Purchase Agreement and Separation Agreement, as well as preparing and negotiating new provider agreements with physicians, ancillary providers, health plans and other payors.
Investor Disputes and Entity Reorganization. Amador Kelly successfully represented an imaging company in connection with the reorganization of LLCS into a new entity and the transfer of ownership, involving licensing agreements, sale-leaseback agreements and financing agreements.
Collection of IPA Risk Pool. Amador Kelly successfully represented a medical group in collecting a large amount of money owed under in contractual risk pool arrangement.
Contract Preparation and Negotiation. Amador Kelly has prepared, reviewed and negotiated countless provider services agreements, IPA agreements, physician and ancillary providers agreements, health plan agreements, physician employment agreements and practice acquisition agreements.
Practice Acquisition and Disposition. Amador Kelly has represented physicians and other providers in the sale or acquisition of their practices and healthcare businesses.
Formation of Medi-Spa. Amador Kelly represented a plastic surgeon in joint venturing to establish a successful Medi-Spa business, including contracting and compliance issues.
Outside General Counsel To Large Chain of At Risk Youth Residential Treatment Centers. Amador Kelly successfully represented a multi-facility chain of at risk youth residential treatment centers in various States, including representation in contracting, compliance, collections, financing and purchase and sale transactions.
Business Litigation
Favorable Settlement on Breach of Commercial Lease. Our client had signed a 7-year lease for ground floor office space in Beverly Hills. The landlord sued for the entire lease term, and Amador Kelly cross-complained for rescission and reformation. After difficult settlement negotiations, Amador Kelly was successful in extracting our client from the commercial lease obligations the landlord was trying to impose, settling for less than a full month's rent on the property.
Successful Resolution of a Commercial Transit Claim on Behalf of a National Railroad. Amador Kelly represented one of the country's largest national railroads on a claim arising from the loss of goods shipped from China and transported by rail within the United States. Amador Kelly achieved a successful resolution of the claim.
Successful Defense of Business Owners Sued As Guarantors. Amador Kelly represented a group of business owners who were sued by a large financial institution on personal guarantees. The claims were settled before trial at twenty cents on the dollar.
Enforcement of Judgment. Amador Kelly represented a company from Arizona in enforcing a judgment in California against the judgment debtor. The debtor settled soon after and paid the entire judgment plus interest.
Collections. Amador Kelly represented a local manufacturer in a breach of contract action against another business, involving a breach occurring in the middle of a multi-year contract. Product had been shipped but not paid for, some product was halted in production owing to the breach, and there were intellectual property issues between the businesses. After aggressive litigation, Amador Kelly obtained 100% payment for its client, including payment for all product shipped, payment for all product in production, payment for as-yet unshipped product, a reservation of the
intellectual property rights, and recovery of 100% of its attorneys’ fees and costs incurred.
