Apr20
2014

McAlpin Florez Marcotte Wins Motion To Dismiss For Fraud On The Court

McAlpin Florez Marcotte Wins Motion to Dismiss for Fraud on the Court – In a case involving claims of serious orthopedic and neurologic injuries after an alleged accident during a lifeboat drill, McAlpin Florez Marcotte discovered plaintiff had failed to disclose a doctor who treated her for some of the same injuries Plaintiff claimed were caused by the lifeboat drill accident just weeks before the accident! After multiple court appearances to compel Plaintiff to execute medical authorizations, McAlpin Florez Marcotte identified this vital piece of information buried in thousands of pages of medical records obtained from Plaintiff’s medical providers. Armed with a single medical record, McAlpin Florez Marcotte successfully convinced the Court that Plaintiff had willfully concealed the doctor and prior injury in an attempt to perpetrate a fraud on the Court.  The case was dismissed and McAlpin Florez Marcotte’s motion for costs and attorney’s fees is currently pending.