Kang Haggerty NewsRepresentation of construction manager in dispute over sufficiency of performance of exterior wall panel subcontractor on two projects. After 25 days of hearing, arbitration panel found against subcontractor on its seven million dollar claim, and awarded construction manager $1.58 million on its counterclaim. Representation also involved proceedings in state court in Alabama and federal court in Philadelphia on arbitrabilty issues, as well as proceedings to defeat subcontractor’s motion to vacate arbitration award, and successful confirmation of arbitration award in its entirety.
Articles Posted in Representative Cases
Since 2001 has prepared course materials for and spoken about current developments for the Pennsylvania Bar Institute’s biennial continuing legal education program on Mechanics liens, presented in Pittsburgh, Mechanicsburg and Philadelphia; Since 2012 has also served as Course Planner for that program2001 through 2012
United States ex rel. Doe v. Universal Health Servs., 2:14-cv-00921 (E.D. Pa.)
Represented whistleblower in an action alleging medically unnecessary psychiatric services and improperly extending inpatient length of stays, resulting in a $117 million settlement.
United States ex rel. Doe v. Prime Healthcare Servs., Inc., 2:14-cv-1695 (E.D. Pa.)
Represented whistleblower in an action against two local hospitals for healthcare fraud, resulting in a $1.25 million settlement.
Year: 2019
United States ex rel. Doe v. Novo Nordisk, Inc., 1:17-cv-00791 (D.D.C.)
Represented whistleblower in an action under False Claims Act alleging off-label marketing and REMS violations, resulting in a $58 million settlement.
PHH Mortgage Corporation
Prevailed on motion to dismiss mortgagor
Specialized Loan Servicing, LLC
Prevailed on motion to dismiss mortgagor’s complaint related to disputed insurance proceeds. See Mulbaier v. Specialized Loan Servicing, LLC, No. 1: 18–cv–00125, 2018 WL 3238832 (D. N.J. Jul. 3, 2018).
Alltran Education, Inc.
Prevailed on motion to dismiss FDCPA claims brought by borrower of federally insured student loans, related to collection letter referencing garnishment under the Higher Education Act. See Nicholas v. Alltran Education, Inc., No. 18-C-08193, 2019 WL 4750303 (N.D. Ill. Sept. 30, 2019).
PHH Mortgage Corporation
Prevailed on motion to dismiss mortgagor’s claims for violation of the UTPCPL and FCEUA, and for breach of the implied covenant of good faith and fair dealing, related to mortgagor’s failed modification efforts and subsequent foreclosure proceedings. See Walkup v. PHH Mortgage Corporation, 147 F.Supp.3d 349 (E.D. Pa. 2015).
PNC Bank, N.A.
Prevailed on motion to dismiss mortgagor’s state and federal claims related to foreclosure action. See Agumuoh v. PNC Financial Services Group, et al., No. GJH-16-1939, 2017 WL 657428 (D. Md. Feb. 16, 2017).