Carter Ledyard & Milburn LLP successfully moved to dismiss an action against its client, Gila Regional Medical Center (“GRMC”), by Chinonyerem Osuagwu, M.D., who asserted federal law claims under 26 U.S.C. § 7434 for fraudulent filing of Form 1099s and related state law claims for injurious falsehood, fraudulent and intentional misrepresentation, intentional infliction of emotional distress and civil conspiracy. In its decision in Osuagwu v. Gila Regional Medical Center, et al., Case No. 15-cv-05152 (PKC) (S.D.N.Y. Sept. 9, 2016), the Court found that Dr. Osuagwu “failed to allege fraud with sufficient particularity to meet the heightened pleading requirements of Rule 9(b) [of the Federal Rules of Civil Procedure]” and that his complaint failed to state a claim for relief. GRMC was represented by Mark R. Zancolli and Brandon J. Isaacson.
