Berman Tabacco is pleased by the Delaware Supreme Court’s affirmance of its Chancery Court trial win in which UnitedHealth Group Inc. was ordered to turn over books and records to the firm’s client Amalgamated Bank and other UnitedHealth shareholders.
The books and records action relates to UnitedHealth’s alleged practice of knowingly submitting false attestations to the federal government to obtain hundreds of millions of dollars of overpayments from the Centers for Medicare & Medicaid Services. Berman Tabacco’s focus is on whether UnitedHealth’s officers and directors can be held accountable for these practices.
On October 26, 2018, the Delaware Supreme Court affirmed a trial court judgment ordering UnitedHealth to produce records pursuant to Section 220 of the Delaware General Corporations Code in order to allow plaintiffs to evaluate whether UnitedHealth’s board of directors breached their fiduciary duties by failing to monitor the company’s policies and procedures related to Medicare billing. The failure allegedly resulted in the submission of invalid claims to Medicare in violation of the federal False Claims Act.
The case is: In re UnitedHealth Section 220 Litigation, C.A. No. 0681-TMR (Del. Ch.). Berman Tabacco is Co-Lead Counsel representing Amalgamated Bank. Boston partner Nathaniel L. Orenstein is leading the charge on the case.