Unanimous jury defense verdict
Obtained a unanimous defense verdict for a major California health plan against an out-of-network neurosurgery practice, establishing that the provider was properly paid.
Representative experience
Michael Zorkin’s experience spans business disputes, cross-border matters, contract and fraud claims, anti-SLAPP litigation, shareholder and partnership conflicts, managed care, provider reimbursement, member claims, trial, arbitration, and mediation.
Trials and arbitration
Client and opposing-party names are omitted. Descriptions are intentionally concise and do not disclose confidential information.
Obtained a unanimous defense verdict for a major California health plan against an out-of-network neurosurgery practice, establishing that the provider was properly paid.
Obtained a defense judgment in arbitration for a major California health plan against a major hospital chain alleging underpayment for medical services.
Obtained a defense judgment in arbitration for a major California health plan against a Los Angeles hospital alleging underpayment for medical services.
Dispositive motions
The firm evaluates dispositive issues early, including pleading sufficiency, contract interpretation, preemption, fraud, causation, standing, and statutory theories.
Obtained summary judgment for a major California health plan against an out-of-network pharmacy seeking $40 million in alleged underpayments.
Obtained summary judgment on implied-contract and statutory claims for a major California health plan against an out-of-network orthopedic surgeon.
Obtained summary adjudication of a breach-of-contract claim alleging an obligation to pay based on a third-party network agreement.
Obtained an order sustaining a demurrer without leave to amend against an air ambulance asserting underpayment claims.
Obtained orders sustaining demurrers without leave to amend in cases alleging improper payment of medical claims and attempted health-plan liability for medical malpractice.
Obtained an order sustaining a demurrer in a voidable-transfer action brought by Russian banks against U.S. citizens.
Resolution
The firm has negotiated dismissals with prejudice, cost waivers, and favorable settlements in matters involving hospital systems, ambulatory surgical centers, emergency services, member claims, and healthcare payment disputes.
The appropriate outcome is not always a trial. Resolution strategy should reflect the client’s legal position, economics, operations, risk tolerance, and need for finality.
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