Yates v. Pinellas Hematology & Oncology, P.A., 2021 US. App. LEXIS 38556 (11th Cir. Dec. 29, 2021), involved claims that the defendant medical provider violated the False Claims Act by materially altering some of its submissions to Medicare. After a jury found the defendant liable and awarded damages and penalties in excess of $1.1 million,…
Tag: Evidence
Toxicology Expert’s Opinions Properly Excluded for Failure to Consider Dose-Response Relationship or Potential Alternative Causes of Plaintiff’s Disease
In Williams v. Mosaic Fertilizer, LLC, 2018 WL 2191426 (11th Cir. May 14, 2018), the Eleventh Circuit affirmed the District Court’s exclusion of proffered expert testimony by a toxicologist, and of the plaintiff’s proposed lay testimony that her home had “no present value” because of emissions from a nearby fertilizer plant, and affirmed the resulting…
District Court Improperly Excluded Co-Worker’s Affidavit in Granting Summary Judgment to Employer on Sex Discrimination Claim
In a published opinion in Furcron v. Mail Centers Plus, LLC, 2016 WL 7321211 (Dec. 16, 2016), the Eleventh Circuit reversed the district court’s grant of summary judgment to the defendant on the plaintiff’s sex discrimination claim and affirmed the district court’s grant of summary judgment to the defendant on the plaintiff’s retaliation claim. On…
Failure of Proof of Online Consumer Arbitration Agreement
Does an arbitration agreement included in a credit cardholder agreement cover claims made under the Fair Debt Collection Practices Act arising from collection of resulting credit card debt? In the Eleventh Circuit’s July 5, 2016 decision in Bazemore v. Jefferson Capital Systems, LLC, 2016 WL 3608961, the district court had held that the collection claim,…