Thu 16th May 2019, Blog, Case Successes
In a scathing 69-page order, a Magistrate Judge found that federal prosecutors engaged in flagrant misconduct in connection with a tax evasion case against Bienert | Katzman’s client, a dedicated Alaskan oncologist. The Court called out all three members of the prosecution team for withholding evidence and making evasive, misleading, and untruthful statements to the B | K defense team and to the Court. The Court referred all three prosecutors (who had already been removed …
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Thu 18th Apr 2019, Blog, Case Successes
Bienert | Katzman has successfully litigated the rejection of over 95% of the senior claims asserted against bankrupt Gardens Regional Hospital and Medical Center, Inc. (“Gardens”) on behalf of its client, Michael R. Lane, the Liquidating Trustee of Gardens. The disallowed senior claims totaled over $6 million. The U.S. Bankruptcy Court disallowed the claims on a summary basis, without requiring a trial. On February 4, 2019, the Liquidating Trustee filed his multiple objections to over …
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Mon 14th Jan 2019, Blog, Case Successes
Representing a law firm in a civil investigation by the Consumer Financial Protection Bureau (“CFPB”), Bienert | Katzman has challenged the constitutionality of the CFPB’s structure. As part of the underlying investigation, the CFPB issued a civil investigative demand (“CID”), a form of administrative subpoena, seeking information and documents related to law firm’s practice. Tom Bienert and Tony Bisconti of Bienert | Katzman argued before the District Court that the CID is unenforceable because the …
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Sat 25th Aug 2018, Blog, Case Successes
Through a negotiated settlement and a court order, whistleblower Beverly Brown has received a total relator share award of more than $78 million for her efforts in obtaining a $280 million False Claims Act settlement against Celgene Corporation. The $280 million settlement was the second largest recovery ever recorded in a non-intervened case brought under the federal False Claims Act and the relator share award to Brown is also among the largest in history. The …
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Fri 24th Aug 2018, Blog, Case Successes
Bienert | Katzman recently settled all claims asserted against its client, J. Wayne Allen, in a long-running legal malpractice, fraud, and RICO case pending in the Orange County Superior Court. The settlement came after the completion of jury selection and with opening statements set to begin. The settlement amount, $1,250,000, represented less than one percent of the plaintiffs’ damages claim. In 2001, the plaintiffs – members of the Stueve family that founded Alta Dena Dairy …
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Thu 2nd Aug 2018, Blog, Case Successes
Whitney Z. Bernstein won a published decision in the Ninth Circuit reversing her client’s federal conviction for illegally re-entering the United States after deportation. In the process, she established favorable case law for defending criminal immigration cases. Whitney’s client immigrated to the United States as a lawful permanent resident (“LPR”) when he was just one month old. He lived legally in the United States for most of life until 2008 when he was stripped of …
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Fri 15th Dec 2017, Blog, Case Successes
Through a negotiated settlement and a court order, whistleblower Beverly Brown has received a total relator share award of more than $78 million for her efforts in obtaining a $280 million False Claims Act settlement against Celgene Corporation. The $280 million settlement was the second largest recovery ever recorded in a non-intervened case brought under the federal False Claims Act and the relator share award to Brown is also among the largest in history. The …
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Tue 31st May 2016, Blog, Case Successes
A federal district judge in Santa Ana, California affirmed the rulings of a bankruptcy court allowing a claim of the Federal Deposit Insurance Corporation, as Receiver for American Sterling Bank (the “FDIC-R”) in the amount of $10 million and approving the FDIC-R’s settlement with the debtor, the former executive of a failed bank, providing for the full amount of the FDIC-R’s claim. The appellant, a third-party creditor of the debtor, objected to the settlement and …
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Fri 30th Jan 2015, Blog, Case Successes
On a motion brought by Bienert | Katzman, a federal district judge in Detroit, Michigan struck several key affirmative defenses alleged against the Federal Deposit Insurance Corporation, as Receiver for Washington Mutual Bank (“FDIC-R”). Citing to and adopting several of the arguments advanced by Bienert | Katzman, the Court held that the defendant’s defenses based on the FDIC-R’s alleged lack of standing to litigate and enforce the subject breach of contract claim were improper based …
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Wed 3rd Sep 2014, Blog, Case Successes
On a motion for summary judgment brought by Bienert | Katzman, a federal district judge in Miami, Florida ordered Defendant Attorneys’ Title Insurance Fund, Inc. (“ATIF”) to pay nearly $5 million to the Federal Deposit Insurance Corporation, as Receiver for Washington Mutual Bank (“FDIC-R”) for ATIF’s failure to reimburse funds that ATIF’s closing agents had misappropriated from Washington Mutual Bank (“WaMu”) in connection with several residential real estate transactions in southern Florida. Steven Jay Katzman, Michael R. …
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