Supreme Court Declines to Review a RICO Case

06 October, 2009 01:08:00 Republished with permission from Jon L. Gelman

Font size:

On the eve of the new US Supreme Court Term, the Court declined to review a claim involving a RICO allegation. Schoedinger v. United Healthcare of Midwest, Inc., 557 F.3d 872, RICO Bus.Disp.Guide 11,648, 46 Employee Benefits Cas. 1283 (8th Cir.(Mo.), Mar 05, 2009) (NO. 07-3317) was denied certification.

In Schoedinger a Petition for Certiorari had been filed to the US Supreme Court in a RICO claim involving a medical provider who claims an insurance company committed fraud in processing the provider's bills for services. George Schroedinger, MD had filed a Petition to seek review of a Eight Circuit decision that over turned a favorable RICO action against United Healthcare of the Midwest, Inc.

Whether this is predictive of the outcome of the pending workers' Compensation RICO matter remains unknown. A Petition for Certiorari was also filed in Brown v. Cassens Transport Co., 546 F.3d 347 (6th Cir. Oct 23, 2008) (NO. 05-2089), following the rehearing and rehearing en banc denied (Jan 05, 2009). Brown is a landmark decision of immense national significance, the US Sixth Circuit Court of Appeals ruled that a RICO claim brought by injured workers against their employer, insurance carrier and employer medical expert could proceed. The Brown case was scheduled for a Supreme Court conference on September 29, 2009.