3rd Circ. Sets New Standard For Fee Recovery From US

Law360, New York (April 20, 2012, 3:49 PM EDT) -- The Third Circuit issued a precedential decision on the payment of attorneys’ fees to citizens fighting government action Friday in a Medicare overbilling suit, finding government advocacy of any kind qualifies a proceeding as adversarial and allows for the recovery of costs.

Although the appeals court denied the request of psychologist John D. Handron to obtain tens of thousands of dollars in legal fees after successfully defending government claims that he overbilled Medicare by $600,000, the panel said the district court used the wrong rationale to...
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