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B | K Wins Summary Disallowance of over $6 Million in Senior Claims

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 …

Bienert | Katzman Questions Constitutionality of the Consumer Financial Protection Bureau Before The Ninth Circuit

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 …

Record $280 Million Settlement in False Claims Act Case

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 …

Bienert | Katzman Wins Big in Case Against Alta Dena Family

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 …

Published Ninth Circuit Win in Federal Criminal Immigration Case

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 …

Bienert | Katzman Among a Team of Lawyers Who Obtained One of the Largest Relator Shares in False Claims Act History

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 …

Court Affirms Settlement Providing for $10 Million Allowed Claim in Favor of the FDIC-R

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 …

Court Strikes Affirmative Defenses Alleged Against the FDIC-R

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 …

Court Awards Nearly $5 Million to the FDIC-R

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. …

Court Rules Eighteen Felony Counts Including Conspiracy and Grand Theft are Barred by the Statute of Limitations

Mon 28th Jul 2014, Blog, Case Successes

On July 28, 2014, Jim D. Riddet of Bienert | Katzman obtained a dismissal of all eighteen felony counts including two counts of conspiracy and 16 counts of grand theft. The client was indicted by a grand jury over 3 years ago, but Mr. Riddet was able to obtain a dismissal of that indictment. Thereafter, the District Attorney filed a felony complaint alleging additional charges. After a two-day hearing, the court accepted Mr. Riddet’s argument that all …