Appellate Practice
Hall Render’s appellate practice extends to all areas of the firm’s health care and litigation practices. Our experienced appellate attorneys have successfully defended favorable trial judgments and challenged and overturned adverse trial court decisions in numerous state and federal courts. Hall Render is a full-service law firm and applies its resources to appellate work in...Read More
Hall Render's appellate practice extends to all areas of the firm's health care and litigation practices. Our experienced appellate attorneys have successfully defended favorable trial judgments and challenged and overturned adverse trial court decisions in numerous state and federal courts. Hall Render is a full-service law firm and applies its resources to appellate work in the most efficient and cost-effective manner possible. Where appropriate, we draw from all areas of the firm's multi-faceted health care practice to ensure success at trial and to structure our cases for success on appeal.
Areas of Focus
- Litigation
Resources
Representative Cases
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United States ex rel. Walters v. Daughters of Charity.
Successfully defended dismissal of an FCA suit alleging overbilling for medication before the Eleventh Circuit Court of Appeals and the United States Supreme Court.
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United States ex rel. Swafford v. Borgess Medical Center, et al.
Dismissed by the United States District Court for the Western District of Michigan, affirmed on appeal before the Sixth Circuit Court of Appeals and certiorari denied by the U.S. Supreme Court. The physician practice group was accused of violating the FCA by failure to properly document venous ultrasound studies. Represented the group at the trial level, on appeal and in practice before the Supreme Court.
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United States ex rel. Camillo v. Ancilla Systems, Inc.
Represented the hospital before the Seventh Circuit Court of Appeals, successfully defending against the government’s appeal of dismissal in a claim related to unbundling of laboratory services and fraudulent reporting of travel expenses.
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United States ex rel. Cosens v. The Baylor University Medical Center, et al.
Dismissed by the United States District Court for the District of Connecticut after successful appeal to the Second Circuit Court of Appeals. Three hospitals in two states were represented in a nationwide whistleblower case alleging improper use of cardiac devices.
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United States ex rel. Gross v. AIDS Alliance.
Successfully represented the institutional review board before the Seventh Circuit of Appeals in this oft-quoted and precedent-setting whistleblower case alleging mismanagement of federal research grants.
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St. Vincent Randolph Hospital, Inc. v. Price.
Successfully persuaded the Seventh Circuit Court of Appeals to vacate the judgment against the hospital from the Southern District of Indiana regarding Medicare reimbursement of bond interest expense.
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Allen v. Clarian Health Partners.
The Indiana Supreme Court, relying in large measure on an amicus curiae brief filed by a Hall Render attorney on behalf of the Indiana Hospital Association, concluded that a self-pay patient’s agreement to pay “the account” in the context of hospital services is not indefinite and refers to the hospital’s chargemaster pricing.
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Bender v. Suburban Hosp.
Represented the hospital before the Maryland Court of Special Appeals, which found the hospital and its officer were immune from liability for terminating physician’s clinical privileges.
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Constance Renee Nasser v. St. Vincent Hospital and Health Services.
Represented the hospital in a decision by the Indiana Court of Appeals clarifying that, in Indiana, only physicians are qualified to opine as to medical causation.
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Cordova Community Hospital and Petersburg General Hospital v. Department of Health & Social Services, Medicaid Rate Commission.
Represented hospitals in a Medicaid rate appeal based on hospital’s claim that state Medicaid agency did not have power to recoup alleged “overpayments” as part of their prospective payment system, at the agency level through the appeal to the Alaska Supreme Court.
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Department of Health & Social Services v. Alaska State Hospital & Nursing Home Association.
Represented the Alaska State Hospital and Nursing Home Association on this Boren Amendment litigation. Represented the Association at the agency level through the appeal to the Alaska State Supreme Court. Received judgments in favor of the Association at all levels that resulted in payments to Association’s clients of over $13 million.
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Larsen v. Provena Hospitals.
Represented the hospital in the precedent-setting decision of the Illinois Court of Appeals, affirmed by the Illinois Supreme Court, clarifying and strengthening hospitals’ immunity under the Illinois Hospital Licensing Act.
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State of Alaska, Department of Health & Social Services v. North Star Hospital.
Medicaid Rate Appeal concerning the proper application of the term “lower of cost or charges.” Represented the behavioral health hospital on a Medicaid rate appeal at the agency level, on appeal before the Superior Court sitting as an appeal court and before the Alaska State Supreme Court. Final decision resulted in an award of over $3 million to client.
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State of Florida v. Ramirez.
Successfully challenged the state’s attempt to expand the use of toolmark evidence beyond scientific certainty before the Florida Supreme Court.