B. Kurt Copper

Partner

Dallas + 1.214.969.5163

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Kurt Copper represents clients in complex high-stakes litigation, particularly False Claims Act cases and disputes with commercial insurers. A significant portion of his practice involves clients in the health care, pharmaceutical, and life sciences industries. He has successfully represented hospital systems, clinical laboratories, retail pharmacies, and other clients in cases seeking hundreds of millions of dollars in claimed damages. He routinely represents clients opposite the United States Department of Justice, the State of Texas and other state AGs (attorney generals), commercial insurers, and private relators' counsel.

Kurt recently helped lead the successful defense of a Fortune 500 company in litigation brought by Texas under the Texas Medicaid Fraud Prevention Act, where Jones Day's client secured partial summary judgment. He likewise recently helped obtain dismissal of cases in the Eastern District of Texas and the Southern District of Texas federal courts alleging Anti-Kickback Statute violations; qui tam actions in Virginia and Georgia federal courts that alleged violations of Medicaid billing regulations; a False Claims Act action in California federal court; and a qui tam lawsuit in Maine federal court alleging "reverse false claims."

He also recently has served as lead counsel or co-lead counsel for hospital systems in disputes with commercial insurers across the country, including in Ohio, Michigan, Rhode Island, South Carolina, Florida, California, and Texas. For example, he led the representation of a hospital system that brought a lawsuit against a health plan in Ohio alleging thousands of underpaid claims, where the court awarded Jones Day's client partial summary judgment.

Experience

  • Eight hospitals reach settlement in arbitration against large health plan for underpaymentsJones Day represented eight hospitals in an arbitration brought against a large health plan for underpayments.
  • Major southeast health system resolves claims brought by commercial insurerJones Day represented a large hospital system in a dispute with one of the major national health insurance providers.
  • Rhode Island hospital successfully resolves claims against commercial insurerJones Day represented a large hospital system's facility in Rhode Island in pursuing a commercial insurer's alleged failure to pay appropriately under the parties' Facility Participation Agreement.
  • Bon Secours Mercy Health obtains favorable settlement of FCA allegationsJones Day represented Bon Secours Mercy Health ("BSMH"), one of the nation’s largest health systems with 50 hospitals and over 60,000 employees, in a False Claims Act qui tam action brought by a private relator and the U.S. Attorney’s Office for the Southern District of Ohio.
  • California hospitals successfully resolve claims against commercial insurerJones Day represented a large hospital system’s multiple California facilities in pursuing a commercial insurer's alleged failure to pay appropriately under the parties' Facility Participation Agreements.
  • Pharmaceutical manufacturer successfully defends False Claims Act caseJones Day represented a pharmaceutical manufacturer as a defendant in a False Claims Act case alleging off-label marketing, among other things.
  • Dallas-Fort Worth based hospital system obtains dismissal of False Claim Act allegationsJones Day represented a Dallas-Fort Worth based hospital system in an investigation of claims asserted by a qui tam relator under the federal False Claims Act.
  • People's Choice Hospital successfully defends civil RICO lawsuitJones Day advised People's Choice Hospital (PCH) and its founder Dr. Seth Guterman, who were sued by Aetna in a civil RICO action in federal court in connection with a reference lab program that PCH operated in rural hospitals.
  • Leading laboratory services provider successfully resolves lengthy false claims case after obtaining partial summary judgment and multiple administrative victoriesThroughout several years of active litigation, Jones Day represented a laboratory services provider in a case alleging that the laboratory company violated the Florida False Claims Act by (1) failing to bill its "usual and customary charge" under the State's argued interpretation of that term; and (2) offering steep discounts in order to induce referrals in violation of Florida's anti-kickback statutes.
  • Hospice provider secures dismissal of False Claims Act caseJones Day successfully represented a hospice provider in a Department of Justice Investigation spurred by a qui tam lawsuit brought under the False Claims Act.
  • National retail pharmacy obtains dismissal of purported False Claims Act claimsJones Day prevailed on behalf of a national retail pharmacy on motions to dismiss two qui tam suits brought under the federal False Claims Act, Anti-Kickback Statute, and Civil Monetary Penalties Law.
  • Manufacturer of medical equipment obtains dismissal of False Claims Act qui tam action related to patent applicationsA manufacturer of medical equipment represented by Jones Day obtained dismissal of a False Claims Act qui tam action in which the relator alleged that the manufacturer lied on the patent applications for one of its medical products, making the patents invalid and unenforceable.
  • Specialty pharmacy secures dismissal of qui tam lawsuit under False Claims ActJones Day recently secured dismissal of all claims against a specialty pharmacy serving long-term care facilities in a qui tam lawsuit accusing Jones Day's client of violating the federal False Claims Act, including the FCA's recently amended prohibition on "reverse" false claims in 31 U.S.C. 3729(a)(1)(G).
  • LabCorp obtains complete dismissal of Virginia qui tam action alleging submission of false claims to MedicaidIn one of the first cases litigated under the Virginia Fraud Against Taxpayers Act, an analog to the federal False Claims Act, Jones Day represented Laboratory Corporation of America (LabCorp), a nationwide provider of health care diagnostic testing services.
  • LabCorp obtains dismissal of Georgia qui tam action alleging submission of false claims to MedicaidJones Day represented Laboratory Corporation of America (LabCorp), a nationwide provider of health care diagnostic testing services, in a case brought under the Georgia False Medicaid Claims Act, an analog to the federal False Claims Act.
  • National owner of multifamily residential and commercial apartment complexes resolves multiple claims against general contractor and design professionals for severe construction and design defectsJones Day represented a national owner of multifamily residential and commercial apartment complexes in Charlotte, North Carolina, Columbus, Ohio, and Pittsburgh, Pennsylvania, in connection with multiple claims against the general contractor and design professionals for severe construction and design defects.
  • Writ of habeas corpus is secured for indigent man imprisoned in DetroitEric Murphy and Kurt Copper (along with our former colleague Erin Barnhart) recently secured a writ of habeas corpus on behalf of Michael Brown, an indigent man imprisoned in Detroit.
  • Client's habeas claim of ineffective assistance of state appellate counsel prevails in the Sixth CircuitJones Day continued its string of appellate pro bono victories with the U.S. Court of Appeals for the Sixth Circuit's decision in Hardaway v. Robinson.
  • University of Notre Dame investigates death of student videographerJones Day served as counsel to the University of Notre Dame in connection with an investigation into the death of a student videographer at Notre Dame football practice.
  • GM defends dealership arbitrationsJones Day assisted General Motors and other GM firms in coordinating national defense efforts in hundreds of arbitrations seeking the claimed reinstatement or addition to the dealer network of the new company, General Motors LLC ("GM").
    • View All

    OCTOBER 2024 Alert

    Federal Court Holds False Claims Act's Qui Tam Provisions Unconstitutional

    August 2024 Commentary

    Eighth Circuit Holds Penalties in Non-Intervened FCA Case Violate Excessive Fines Clause

    June 2024 White Paper

    2023 False Claims Act Enforcement in Health Care and Life Sciences, Part III

    June 2024 Alert

    The Changing Landscape for Business Disputes in Texas: Justices Named to Inaugural Business Dispute Appellate Court

    April 2024 White Paper

    2023 False Claims Act Enforcement in Health Care and Life Sciences, Part II

    April 2024 Commentary

    Second Circuit Reinforces Anti-Kickback Statute's Demanding Willfulness Standard

    March 2024 White Paper

    2023 False Claims Act Enforcement in Health Care and Life Sciences, Part I

    FEBRUARY 2024 Alert

    DOJ Announces Record-Breaking Year for False Claims Act Settlements and Judgments

    OCTOBER 2023 Alert

    FDA Announces Proposed Rule Regarding Laboratory Developed Tests

    August 2023 Alert

    Industry Anticipates Impending FDA Proposed Regulation Addressing Laboratory Developed Tests
    View All

    Additional Speaking Engagements

    • December 2015
      The False Claims Act: New Developments and Continued Expansion
    • December 2014
      The False Claims Act: The Government's Stick and Relator's Carrot

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