Gregg W. Mackuse

Health Care Litigation

Gregg is skilled in complex health care fraud litigation. He has served as trial counsel and co-counsel in matters alleging violations of the federal False Claims Act, state Medicaid fraud statutes, state nonprofit laws and state deceptive trade practice statutes.

Representative Experience

• Co-counsel in proposed class action against health insurance company asserting claims for violation of Pennsylvania Non-Profit Law, breach of contract and breach of fiduciary duty. Pennsylvania Supreme Court reversed intermediate appellate court’s dismissal of action.
• Representation of two former employees in health care fraud litigation under Federal False Claims Act. The action involved millions of pages of documents, more than 100 fact and expert witnesses, numerous discovery disputes, and extensive motion practice and trial preparation. Following extensive mediation, the matter resulted in substantial settlement.

Pharmaceutical Litigation

Gregg partners with a major pharmaceutical manufacturer in a state court mass tort proceeding involving thousands of personal injury product liability actions. In addition, at both the trial court and appellate levels, Gregg has handled the defense of statutory claims brought by individual states and third-party payors alleging state Medicaid fraud, violations of state deceptive trade practice statutes and violations of the federal RICO statute.

Insurance Litigation

Gregg has represented state insurance commissioners as statutory receivers for insolvent insurers in multistate litigation. These representations have included conducting internal investigation of corporate records and employees, preparing detailed legal analyses concerning proposed litigation and pursuing recovery of assets on behalf of insolvent insurers. Gregg also has successfully litigated numerous complex insurance recovery matters. As a result, Gregg has strategically handled a wide range of insurance matters involving:

• Managing general agent, broker and investment adviser liability
• Lender liability
• Professional liability and fraudulent conveyances
• Underwriting
• Primary and excess coverage
• Actuarial services
• Claims handling
• Reinsurance recovery