James, Hoyer, Newcomer & Smiljanich, P.A.
| Headquarters | Florida |
|---|---|
| Major practice areas | Whistleblower |
| Website | www.jameshoyer.com |
James Hoyer, P.A. (James Hoyer) is a Tampa, Florida-based law firm that focuses on whistleblower (qui tam) cases as well as consumer class action lawsuits.[1] In 2015, the firm was named Whistleblower Lawyers of the Year by the Taxpayers Against Fraud Education Fund.
History[edit]
The firm was founded in 1992 by former State Attorney for Hillsborough County Bill James, former federal prosecutors, and retired FBI agents.[2] Since its founding, James Hoyer has helped return more than $3 billion to consumers and taxpayers who were victims of fraud.[3] The St. Petersburg Times once called James Hoyer one of Tampa's most successful law firms.[4]
Members of the James Hoyer firm operate the Consumer Warning Network.[5]
Notable Cases[edit]
In 1994, MetLife agreed to pay $42.75 million in refunds to 18,000 customers after James Hoyer, along with co-counsel, brought suit against the company for using misleading tactics to sell life insurance as a retirement or savings plan.[6] MetLife also agreed to pay a $20-million fine to insurance regulators across the country in relation to the lawsuit.[6] The 18,000 MetLife customers received an average of about $2,200 in refunds and interest, for a total payout by Met Life of $39,600,000. The attorney's fees paid by Met Life for the multi-year litigation, approved by the Court, was $2.75 million, according to the New York Times article.[6] Met Life also agreed to change the fraudulent practices it had been accused of.[6]
In 2000, James Hoyer helped negotiate a $206 million class action settlement with insurer American General Corp., on behalf of thousands of African American customers who were systematically overcharged due to their race for small "burial" policies.[7]
In 2005, James Hoyer helped secure $52 million in new funding for Florida's elderly in nursing homes.[8] The firm fully funded all the costs of the litigation and donated all of the legal time.[8] James Hoyer received the Chair's Honor Award from the Elder Law Section of the Florida Bar for the firm's efforts.[8]
In 2006, James Hoyer helped secure a class action settlement in which Allstate Insurance Co. agreed to change the way it uses credit reports in setting auto and homeowners insurance policies.[9]
In 2008, James Hoyer was recognized by the Florida Bar for securing a $295,000 cy pres award for The Florida Bar Foundation.[10] The Florida Bar Foundation is the only statewide organization in Florida that provides funding for Legal Aid and promotes improvements in addressing the civil legal needs of the poor.[11]
In 2010, The Wall Street Journal reported on the firm's use of social media to connect with students of Westwood College, a for-profit school which the firm was pursuing litigation.[12] The Journal also reported that Westwood College had filed a suit against James Hoyer, alleging defamation through "new media Internet weapons".[12]
In 2012, James Hoyer represented one of four whistleblowers in a qui tam case against WellCare Health Plans, Inc that resulted in a $137.5 million settlement.[13] The lawsuits alleged a number of schemes to submit false claims to Medicare and various Medicaid programs.[13]
In 2013, a Las Vegas Review-Journal article[14] profiled the case of a military whistleblower represented by James Hoyer. The case of Lt. Col. Timothy Ferner vs. giant defense contractor SAIC resulted in a nearly $6 million settlement.[15]
In 2014, James Hoyer represented a whistleblower in a qui tam case against Endo Pharmaceuticals that resulted in a $193 million settlement [16] with the Department of Justice. The lawsuit alleged that the makers of the Lidoderm Patch were marketing the pain reliever for unapproved uses.[16] James Hoyer's client was found to be the sole relator entitled to share in the award by District Judge Robert Kelly in June 2014.[17] In July 2015, Judge Kelly ordered the government to pay James Hoyer's client 1% less than the 25% maximum for her "extraordinary" efforts during the decade long litigation.[18]
In 2015, James Hoyer represented a whistleblower in a qui tam/False Claims Act case against Education Management Corporation (EDMC), which was part of a global settlement for $99.5 million with the Department of Justice. EDMC is the second largest for-profit education company in the United States and was accused of unlawfully recruiting students using deceptive and misleading practices.
In 2016, the firm represented a whistleblower who filed a lawsuit under the False Claims Act has led to an $18 million settlement with two of Indiana’s largest health care providers, Indiana University (IU) Health and HealthNet.[19] The settlement covered three areas: inappropriate billing when Certified Nurse Midwives, instead of doctors, cared for high risk pregnant women, in violation of Indiana Medicaid rules; kickback claims, regarding various financial schemes between IU Health and HealthNet, which improperly induced referrals; and false claims for “wrap around” payments, which are payments made to FQHCs to supplement their care to the poor.
In 2018, James Hoyer represented a whistleblower who was instrumental in achieving a $65 million settlement between the government and the 5th largest for-profit hospital system in the country, Prime Healthcare.[20] The settlement resolved allegations that 14 Prime hospitals in California knowingly submitted false claims to Medicare by admitting patients who required only less costly, outpatient care and by billing for more expensive patient diagnoses than the patients had (a practice known as “up-coding”).
See also[edit]
References[edit]
- ^ James Hoyer homepage
- ^ Firm Biography from James Hoyer homepage
- ^ Practice Areas from James Hoyer homepage
- ^ Kyle Parks, "Issues taking back seat to personality in election" St. Petersburg Times (October 23, 2000)
- ^ "CWN Staff". Retrieved 11 June 2014.
- ^ a b c d Michael Quint, "Taking on Insurance Giants". NY Times (July 19, 1995)
- ^ Ted Jackovics, "Florida Ratifies Restitution Plan for Burial Insurance Policyholders" Tampa Tribune (July 11, 2000)
- ^ a b c "Tampa lawyers come to aid of Florida's seniors: pro bono efforts secure elders their rights under federal Medicaid law." Florida Bar News (August 1, 2005)
- ^ Becky Yerak, "Allstate settles suit on credit score use"
- ^ Nancy Kinnally "Foundation benefits from cy pres award" The Florida Bar News (September 1, 2008)
- ^ "About Us" section from Florida Bar Foundation's homepage
- ^ a b Koppel, Nathan (2010-06-15). "Using Social Networking as Legal Tool". The Wall Street Journal. Retrieved 2010-06-16.
- ^ a b "WellCare Health Plans, Inc. Agrees to Pay $137.5 Million to Resolve False Claims Act Allegations". www.justice.gov. Archived from the original on 14 July 2014. Retrieved 11 June 2014.
- ^ "Coalition and Irregular Warfare Center shows little for $42 million effort". Las Vegas Review-Journal. Retrieved 2016-01-12.
- ^ "Office of Public Affairs - Science Applications International Corporation Agrees to Pay $5.75 Million to Settle False Claims Act Allegations - United States Department of Justice". www.justice.gov. 2013-07-03. Retrieved 2023-11-06.
- ^ a b Hughes, Claire (21 February 2014). "Upstate NY whistleblower's info leads to Lidoderm settlement". Retrieved 11 June 2014.
- ^ Lewis, Al. "Whistleblower to get millions for speaking up". MarketWatch. Retrieved 2018-08-09.
- ^ Pierson, Brendan. "'Indispensable' whistleblower to get $33.5 mln of Lidoderm settlement". U.S. Retrieved 2018-08-09.
- ^ "Indiana University Health and HealthNet to Pay $18 Million to Resolve Allegations of False Claims". 2017-04-27. Retrieved 2018-08-09.
- ^ "Prime Healthcare Services and CEO to Pay $65 Million to Settle False Claims Act Allegations". 2018-08-03. Retrieved 2018-08-09.