Westlaw Journals weekly round-up

April 30, 2014

Westlaw Journals Weekly RoundupHighlights from the past week’s litigation headlines over at the Westlaw Journals blog include stories about the confidentiality of Delaware litigation proceedings, the Colorado Supreme Court to review fracking suit and the U.S. government’s recovery of $2.78 million from physical therapy clinics:

Confidentiality rule was misapplied, Al Jazeera tells Delaware Supreme Court: A ruling of first impression requiring Al Jazeera America to bare the details of its breach-of-contract suit against AT&T’s cable unit dangerously misapplies Delaware’s new confidential-filings rule, the news network warned the state Supreme Court during oral argument April 23. The question the en banc high court must decide is whether a revised Delaware rule concerning sealed court documents — which are common in business disputes — required Al Jazeera to reveal what it calls “substantially damaging” details of a disputed contract. (Delaware Corporate)

Colorado Supreme Court to review fracking contamination suit: The Colorado Supreme Court has agreed to decide whether state law permits the imposition of a Lone Pine order in a case brought by homeowners who allege natural gas drillers contaminated their drinking water, causing personal injury and property damage. Lead defendant Antero Resources Corp. filed a certiorari petition asking the state’s highest court to decide if state law allows a court to require plaintiffs to produce evidence of a prima facie claim before full discovery begins. (Environmental)

Whistleblowers aid recovery of $2.8 million from physical therapy clinics: Two operators of physical therapy clinics in Maryland and the Washington, D.C., area have agreed to pay $2.78 million to settle claims by the federal government that they defrauded Medicare. The fraud committed by Alliance Rehabilitation LLC, Active Physical Therapy Services LLC and their owners was brought to light by two former employees of the clinics, according to attorneys for the whistleblowers, Kathya Angel and Alexis Natal. “Kathya and Alexis have shown immense courage and perseverance and, as a result, U.S. taxpayers will recover millions of dollars,” David L. Scher, a principal of The Employment Law Group and lead attorney on the case, said in a press release announcing the April 7 settlement. (Health Care Fraud)