In most settlement negotiations, it is taken for granted that the parties’ self-interest will lead them to advocate aggressively for their positions and against their opponents. After all, every dollar that the plaintiff obtains is one more dollar that the defendant must give up.
The most common, or at least the most preventable, way for a security interest to perish involuntarily is a drafting error made by the author of the security instrument.
Federal procedure requires a defendant to plead all counterclaims that arise out of the same transaction or occurrence as the plaintiff’s claim, or his claim may be barred in a later suit.
It’s common in the healthcare industry for large insurers to negotiate discounts from pharmacies for prescription drugs.
The United States Court of Appeals for the Seventh Circuit affirmed the dismissal of a False Claims Act (“FCA”) case against Shopko Operating Stores, LLC, in which a former Shopko pharmacist asserted Medicaid billing violations.