United States Eleventh Circuit

In a RICO action claiming that because defendant health care corporation's Medicare charge increases were unrelated to real cost increases, the excessive outlier payments it received from those inflated charges were unlawful, summary judgment for defendant is affirmed where the district court did not abuse its discretion by excluding plaintiff-s expert opinion on injury and damages for lack of fit with its liability theory.

Appellate Information

• Decided 09/04/2009
• Published 09/04/2009

Judges

• CARNES, Circuit Judge:, Before DUBINA, Chief Judge, CARNES, Circuit Judge, and RESTANI, Judge.

Court

• United States Eleventh Circuit

Counsel

• For Appellant:
  
• Bruce Rogow, Cynthia E. Gunther, Bruce S. Rogow, P.A., Fort Lauderdale, FL, for Plaintiff-Appellant.


• For Appellees:
  
• Peter Prieto, Holland & Knight, LLP, Miami, FL, Susan Elisabeth Engel, Karen M. Walker, Kirkland & Ellis, LLP, Washington DC, Jay Philip Lefkowitz, Kirkland & Ellis, LLP, New York City, for Defendant-Appellee.