10th Circ. Revives RICO Suit Against Whistleblower, Attys

Law360 (August 16, 2019, 6:32 PM EDT) -- The Tenth Circuit has ruled that a whistleblower who prevailed in a False Claims Act case against a Utah doctor for conducting unnecessary heart procedures must now face claims that he conspired with two law firms to illegally obtain patient records to pursue malpractice cases.

A three-judge panel ruled Thursday that a federal judge improperly tossed Racketeer Influenced and Corrupt Organizations Act claims against Dr. Gerald Polukoff, Rand P. Nolen of Fleming Nolen & Jez LLP, Rhome Zabriskie of Utah-based Zabriskie Law Firm and the firms themselves.

Polukoff had brought FCA claims against Dr. Sherman Sorensen, who then filed the RICO...

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