Scribd Logo
Upload

Welcome to Scribd!

  • Aug 6 Centene Case Summary

    Uploaded by

    Kev Taningco
    23 views1 page
    The plaintiff healthcare facility lost its RICO case against the defendant insurance company despite fines against the defendant from California. The plaintiff argued on appeal that the district court did not properly consider its claims of proximate cause and that aggressive legal positions can be grounds for RICO claims. However, the appeals court remanded the case because new issues were raised on appeal that had not been addressed in the lower court.

    Original Description:

    Original Title

    Aug 6 Centene Case summary

    Copyright

    © © All Rights Reserved

    Available Formats

    DOCX, PDF, TXT or read online from Scribd

    Did you find this document useful?

    Is this content inappropriate?

    Report this Document
    The plaintiff healthcare facility lost its RICO case against the defendant insurance company despite fines against the defendant from California. The plaintiff argued on appeal that the district court did not properly consider its claims of proximate cause and that aggressive legal positions can be grounds for RICO claims. However, the appeals court remanded the case because new issues were raised on appeal that had not been addressed in the lower court.

    Copyright:

    © All Rights Reserved
    Download as DOCX, PDF, TXT or read online from Scribd
    Flag for inappropriate content
    23 views1 page

    Aug 6 Centene Case Summary

    Uploaded by

    Kev Taningco
    The plaintiff healthcare facility lost its RICO case against the defendant insurance company despite fines against the defendant from California. The plaintiff argued on appeal that the district court did not properly consider its claims of proximate cause and that aggressive legal positions can be grounds for RICO claims. However, the appeals court remanded the case because new issues were raised on appeal that had not been addressed in the lower court.

    Copyright:

    © All Rights Reserved
    Download as DOCX, PDF, TXT or read online from Scribd
    Flag for inappropriate content
    of 1

    42_Sovereign 22-06-03 Appellent's reply brief.

    pdf

    1. RICO=Broad construction
    2. P lost RICO case to D despite California’s fines against D
    3. D is an insurance comp while P is a health care facility
    4. Discovery stage not reached
    5. Proximate cause allegation req
    a. Difficulty in attributing RICO damages caused by defendant
    b. Risk of diff recoveries from defendant’s act
    c. Gen interest of deterring conduct justified by holding defendant liable
    6. Argument
    I. Proximate cause of harm under RICO
    Issues
    a. Time gap between damages and defs action (2 years for 625M corp to close)
    b. Independent decision by third party eliminates causation BUT subject to taint exception (def caused a
    warrant to be served on plain)

    II. Issues not decided by district court


    GR: New issues on appeal not allowed. Hence case was remanded

    III. Plains issues not addressed by lower court

    a. Misrep as aggressive legal position is not an xpn to RICO (plus requesting excessive docs)
    Above holds true even if plain breached the contract

    b.

    You might also like