On August 7, 2024, a Superior Court judge agreed with Partner Douglas M. Alba’s arguments and awarded summary judgment to Kennedy Vuernick LLC’s insurer client, finding that the main medical provider defendants violated the Insurance Fraud Prevention Act (“IFPA”) from 2007 to 2015, when they conspired to allow a chiropractor to unlawfully employ medical doctors/osteopaths.
Additionally, on the same date, Mr. Alba obtained a dismissal with prejudice of the medical provider defendants’ Counterclaim of over $1.4 million dollars.
Finally, on the same date, Mr. Alba was able to defeat the medical provider defendants’ motion to have the IFPA lawsuit dismissed to PIP arbitration as the Superior Court Judge found that the jurisdiction for IPFA claims was in the Superior Court of New Jersey.
On September 5, 2024, the Kennedy Vuernick LLC team of Mr. Alba and counsel Gabrielle H. Pohlman, defeated a medical provider defendants’ motion to have Kennedy Vuernick, LLC’s insurer client’s IFPA lawsuit dismissed to PIP arbitration. The Superior Court Judge found that the jurisdiction for IPFA claims was in the Superior Court of New Jersey.
On August 23, 2024, an arbitrator agreed with Mr. Alba that a PIP claimant had not established a causal relationship of her injuries to the motor vehicle accident. The arbitrator found in Kennedy Vuernick, LLC’s client’s favor and dismissed the entire demand of $22,175.27 with prejudice.
On September 13, 2024, the Kennedy Vuernick LLC team of Mr. Alba and Ms. Pohlman convinced a Superior Court Judge to vacate an arbitration award and dismiss the PIP claimant’s Demand for arbitration with prejudice. The PIP claimant was seeking reimbursement of $50,175.77.
On September 17, 2024, as a result of the arguments raised in Mr. Alba’s arbitration brief, a PIP claimant withdrew their Demand for Arbitration with prejudice. The Demand was seeking $476,170.04 in reimbursement from Kennedy Vuernick LLC’s client.
