Representative Experience

We have successfully prepared documentation and legal arguments on behalf of Medicaid providers in response to Medicaid draft audit findings, reducing the state’s demands for repayment from more than one million dollars to as little as zero dollars.

Amundsen Davis represented a client during a Department of Health and Human Services (DHHS) Office of Civil Rights (OCR) investigation into various alleged HIPAA violations. The representation expanded into other complex issues requiring diplomacy, legal analysis, and development of new policies to achieve resolution. OCR concluded the complaint investigation in favor of the client.

Amundsen Davis defended a health care entity against a False Claims Act (FCA) complaint involving the client’s Medicaid billing practices. We obtained dismissal of the complaint by successfully arguing that the relator plaintiff failed to plead fraudulent conduct with sufficient particularity.

Amundsen Davis defended a skilled nursing facility (SNF) against a False Claims Act (FCA) complaint brought by the Indiana Medicaid Fraud Control Unit (MFCU) involving certain state licensing requirements.  We successfully negotiated a resolution of that matter. The MFCU initially sought fines and penalties in excess of $1M and the matter was resolved for less than $100k. 

Amundsen Davis represents a nonprofit health care provider that needed to obtain rezoning and a special exception allowing the client to establish a residential treatment facility for recovery from addictions. We successfully represented the client before the city council and board of zoning appeals (BZA) to obtain the required zoning approvals. We then defeated the remonstrators’ petition for judicial review seeking to overturn the BZA decision. 

As COO and general counsel of a nonprofit women’s health care provider, Suzannah Overholt negotiated and led a merger with a provider in a neighboring state. She oversaw licensing of new facilities as well as ongoing compliance obligations of existing facilities.

Amundsen Davis defended the owner of a vehicle transport company following an accident between a company vehicle and a vehicle traveling dangerously below the speed limit on a rural interstate with an equipment malfunction after its driver, the claimant, was instructed by police not to drive the disabled vehicle on the interstate.

Amundsen Davis obtained summary judgment in favor of a hospital as to actual and apparent agency claims regarding the co-defendant orthopedic surgeon in a case involving a delayed diagnosis of osteosarcoma and a $26 million settlement demand. The motion was granted in its entirety and the hospital was dismissed from the case.

Amundsen Davis successfully defended a hospital in a premises liability case involving an alleged slip and fall in the hospital lobby. The plaintiff voluntarily dismissed her case in response to the filing of the hospital’s motion for summary judgment.

Successfully settled matter involving allegations made by the mother of an autistic young adult claiming that her son was lured into an empty hotel room by a hotel employee. The claim was that the hotel employee should not have had access to room keys. The allegations were found to be largely false, but settlement resulted for minor costs of defense.

Amundsen Davis received dismissal of a matter brought by parents of a minor tenant (apartment complex) who was involved in a sexual relationship with one of the staff landscapers. The allegations centered on the apartment building’s failure to conduct a background check on the landscaper and failure to secure common areas.

Successfully settled matter involving allegations against a minor who sexually assaulted four other minors who lived in the same apartment complex. The minor offender’s mother was sued for negligent supervision of her child. 

Obtained dismissal in matter involving allegations that plaintiff was sexually assaulted by her masseuse. Allegations centered on the company’s failure to conduct a criminal background check (which would have revealed no criminal arrests or convictions) and failure to have a system in place where patrons could be monitored and not left alone with a masseuse of the opposite sex.

Handled a matter involving the sexual assault of a 32-year-old mother by four minor offenders who made entry into her home. One of the minors was on probation and wearing an electronic home monitoring bracelet. It is alleged that the county employees were improperly trained in how to monitor the offender. We represented the distributor of the electronic monitoring device and software that provided training on the system to probation officers.

Handled a matter that involved the brutal sexual assault of a female who was a resident of a large apartment building.

Obtained a defense verdict in a defamation/false arrest lawsuit that required the appellate court's review of certain decisions before the surviving counts were remanded for trial. After 8 days of testimony and 6 hours of deliberation, the jury accepted truth as an absolute defense to the claims despite the fact that $2 million was asked for along with a demand for punitive damages.

Obtained summary judgment on behalf of a national beverage corporation in a personal injury matter where the plaintiff tripped on an exposed pallet under a display at a grocery store allegedly containing the defendant’s products.

Defended a farm produce client in connection with an FDA investigation and voluntary recall of farm produce (cantaloupes) following an outbreak of salmonella associated with the crop. Multiple lawsuits were filed alleging product liability, breach of warranty, and negligence seeking recovery of money damages associated with the alleged tainted produce.

Amundsen Davis successfully established a new business plan for a large regional general construction contractor to effectively establish and utilize both union and non-union subcontractors on the same job sites throughout the Greater Chicagoland area. 

Margaret Firnstein handled a matter involving the alleged sexual assault of a female hotel patron by a hotel security staff employee. Allegations focused on the negligent hiring of the security guard, including failure to conduct a background check.

Amundsen Davis secured a restraining order and injunction against a school district for unfairly trying to sway construction work away from the lowest bidder (a non-union contractor) and give it to the 2^ndlow bidder (a union contractor).

Jeff Risch secured a reversal of the New Jersey Department of Labor's 7-figure tax assessment against a national publishing company’s business model that relied on engaging thousands of independent contractors. Following a multiple day trial, spanning several months, the Office of Administrative Law determined the individuals at issue were bona fide independent contractors under the notorious A-B-C Test.

Amundsen Davis assisted our client in obtaining a court order that temporarily prevents a former employee and his new employer from violating non-solicitation and confidentiality agreements.

Amundsen Davis represented a rebar supply business in the sale of their business.

Amundsen Davis represented a California telecommunications company in a $20 million transaction for an intangible asset purchase.

Amundsen Davis represented a buyer in the health care business in a $5 million stock purchase.

Amundsen Davis provided counsel to various nonprofit entities regarding participation in lobbying and political activity.

Sidney Fimiani successfully negotiated the settlement of a lawsuit for a woman-owned jewelry and accessory business.

Amundsen Davis prosecuted inverse condemnation claims against a municipality on behalf of a group of real estate investors whose rental property was damaged by floodwaters from a redirected aqueduct following completion of a new road project.

Amundsen Davis defended a small business in eminent domain condemnation proceedings as part of a road widening project, including defeating a key motion by the condemning authority in an attempt to bind the landowner to a low initial appraisal.

Paul Mackowski won summary judgement for an RV dealership in the District Court for the Northern District of Indiana. The plaintiffs asserted claims based on theories of breach of warranty, violation of the Magnuson Moss Warranty Act, and violation of the Indiana Deceptive Consumer Sales Act or the New York General Business Law § 349.

Marissa Borschke secured a favorable verdict for the insured in a jury trial regarding an automobile accident in Cleveland, Ohio.

Steven Miller and Marissa Borschke won summary judgment and damages in Franklin County Court of Common Pleas in favor of a mechanical contractor.

Marissa Borschke and Steve Miller worked to secure an injunction in favor of a medical marijuana dispensary in Mahoning County Court of Common Pleas to enforce the lease agreement between the parties.

Rob Buchbinder and Marissa Borschke won summary judgment on behalf of an ambulance service and its driver in Jackson County Common Pleas in an automobile accident case.

Drafted Various Amicus Curiae Briefs for State Supreme Courts and United States Court of Appeals

Larry James and Chris Green represented a department of developmental disabilities in the Southern District of Ohio, winning summary judgment in a class-action suit involving the ADA and Medicaid Act.

Rob Buchbinder and Chris Green secured a defense verdict in favor of the insured in a traumatic brain injury jury trial in the Franklin County Court of Common Pleas.

Larry James and Chris Green represented an Ohio veterans coalition in statutory interpretation matter appealed to Ohio Supreme Court.

Chris Green represented a local police department vice unit in the Southern District of Ohio in a § 1983 suit alleging constitutional violations by Stephanie Clifford a.k.a. Stormy Daniels.

Rob Buchbinder and Chris Green won a summary judgment on behalf of a major retailer and a pharmacist in a customer personal injury action over dispensing of opioid medication.

Larry James and Chris Green won summary judgment on behalf of a police department vice unit in the Southern District of Ohio in a § 1983 case asserting various constitutional violations.

Larry James and Chris Green represented multiple applicants to Ohio’s Medical Marijuana Control Program in Chapter 119 administrative appeals before the Ohio Department of Commerce including the successful appeal resulting in the award of a license.

Chris Green secured a favorable defense verdict for a hospitality group and supervisor in a jury trial involving allegations of sexual assault, harassment, hostile work environment, and retaliation in the Southern District of Ohio.

Chris Green successfully appealed a disciplinary action of a doctor by the State Medical Board of Ohio, including the reversal of indefinite suspension of a medical license.

Chris Green successfully defended motions for summary judgment and class certification in a class-action suit involving state and federal wage and hour laws on behalf of a hospitality employer.

The Amundsen Davis team’s request for a writ of mandamus to vacate an order for temporary-total-disability compensation was granted by the Supreme Court of Ohio in a workers’ compensation case against the firm’s client, a national auto parts store.

Amundsen Davis obtained a dismissal in favor of an insurance company client.

Jack Sanker and Constantine Gavrilos obtained summary judgment for our client, an underground utility contractor, in a complex construction negligence case.

Teri achieved a defense verdict in a medical negligence case for an emergency physician.

Teri secured the dismissal of a medical scheduling company before trial, with no payment required.

Alice Lin represented a NYSE-listed industrial real estate investment trust (REIT) with respect to structuring the acquisition of a REIT subsidiary.

Alice Lin represented private funds investing in real estate investment trusts and other real estate entities

Alice Lin represented a NYSE-listed health care real estate investment trust (REIT) on tax components of funding and transaction structuring.

Alice Lin served as a tax advisor for real estate transactions affecting tax protection agreement features. 

Alice Lin represented a real estate management fund in its sale of the beneficial interest in a private real estate investment trust.

Alice Lin counseled a university on unrelated business interest considerations and advised on structuring to allow for investment in real estate.

Alice Lin represented real estate lenders and borrowers with respect to tax provisions of credit agreements for syndicated and non-syndicated loan agreements involving domestic and foreign borrowers.

Alice Lin has structured complex joint ventures for real estate investors and companies with multiple layers of tax partnerships, profits interest features, and distributions.

Amundsen Davis obtained summary judgment in favor of an insurance company client. 

Amundsen Davis obtained a dismissal in favor of an insurance company client against a claim brought by plaintiff in connection with an underinsured motorist claim.

Amundsen Davis obtained a dismissal in favor of an insurance company client in connection with claims brought against it for negligent entrustment and loss of consortium with respect to an accident involving a pedestrian and a hit-and-run vehicle.

Amundsen Davis drafted a memorandum of understanding and services agreement between a private, not-for-profit behavioral health provider group and a municipality. 

Amundsen Davis serves as outside general counsel for various behavioral professional provider groups.

Amundsen Davis defended a large multi-campus psychology and counseling university and a counseling student intern in an alleged medical malpractice action involving patient suicide.

Amundsen Davis obtained summary judgment for a client in the Northern District Court of Indiana. In this case, an employee claimed that she experienced a racially hostile work environment, which led to her resignation. 

On behalf of its client, a financial institution, Amundsen Davis successfully obtained dismissal of a class action lawsuit, brought as an adversary proceeding in bankruptcy court, with prejudice.

Amundsen Davis provided rapid response legal counsel to a behavioral health provider group during an emergency involuntary inpatient admission process for mental health services.

Amundsen Davis successfully defended a nationwide food distributor client from a serious OSHA citation issued after an employee was struck by a forklift. OSHA conducted an inspection of the facility, and issued a citation alleging that our client failed to properly mark a passageway in the facility.  

Jack Sanker and Dennis Cotter successfully represented a commuter rail carrier after an employee injured his knee while stepping down from the bed of his work truck. The incident left the employee with torn ligaments in his knee, which led to reconstructive surgery and then, after complications, a revision surgery. The employee maintained that the truck was unsafe because it lacked the proper hand holds and adequate equipment storage, and violated various statutory rail safety requirements.

Amundsen Davis successfully defended a corporate entity in multi-million dollar, wrongful death suit against an estate in Cook County.

Amundsen Davis represented a restaurant client in a breach of contract trial in which the client was being sued by a vendor.

Amundsen Davis successfully defended against an appeal of a child custody order directing a child to attend boarding school.

Amundsen Davis successfully filed a motion to dismiss against a contribution action. Plaintiff was sued on the Note and sought contribution from our client. Complaint was found deficient as a matter of law and dismissed with prejudice. 

Max Goodman successfully represented a college student facing anonymous social media defamation on Reddit and Twitter.  Max worked with the platforms to have the posts removed immediately and to impose an IP ban to prevent future defamation.

Amundsen Davis successfully obtained dismissal of a citation that was sent to a banking client.

Amundsen Davis represented a physical therapist that treated an inmate while working at a private medical facility.

Successfully defended residential property seller against claims she allegedly knew about and failed to disclose termite infestation. Claims included breach of contract, fraud, and alleged violation of the Residential Real Property Disclosure Act. The case was settled for less than costs of defense.

Emilie Rohde and Joseph Heino assisted in drafting class descriptions in anticipation of the filing of a federal trademark application with the United States Patent and Trademark Office on behalf of a national company participating in the automotive retail industry.

Emilie Rohde assisted an international company specializing in pet products by identifying and articulating potential responses to an office action rejecting trademark registration on the grounds of being confusingly similar with existing marks. This consisted of identifying similar marks that had been successfully coexisting in the marketplace and analyzing the effect of stylization on the overall impression of the trademark and its allegedly confusingly similar counterpart.

Amundsen Davis secured a favorable nuisance settlement for a non-profit organization in a wage and hour overtime class action that sought to include potentially hundreds of former employees. 

Amundsen Davis defended a nursing home operator and a pharmacy against a False Claims Act (FCA) complaint involving allegations regarding the manner in which the clients dispensed medications to nursing home residents and billed for those medications. 

Amundsen Davis partners, Dennis Cotter and Jack Sanker, successfully obtained a not guilty defense jury verdict in favor of a major Chicago-area rail carrier in a Federal Employers Liability Act (FELA) case.