James P. Holloway

Bar Admissions

• California
• District of Columbia

Court Admissions

• Court of Appeals of the District of Columbia
• Supreme Court of California
• United States Court of Appeals for the District of Columbia Circuit
• United States Court of Appeals for the Fifth Circuit
• United States Court of Appeals for the Fourth Circuit
• United States Court of Appeals for the Third Circuit
• United States Court of Federal Claims
• United States Supreme Court

Education

• University of California, Hastings College of the Law (J.D., 1986)
• Boston University (B.A., 1983)

James P. Holloway

Experience

James P. Holloway is a member of Ober|Kaler’s Health Law Group and the Government Investigations and White Collar Defense Group. He represents health care providers in complex civil litigation and government investigations.

James advises and assists clients in matters involving the False Claims Act, including federal court and state court qui tam litigation. He has assisted health care providers in False Claims Act cases in trial courts and appellate courts throughout the United States. Furthermore, James represents providers during the government investigation phase preceding the unsealing of qui tam suits, assisting clients in responding to government subpoenas and civil investigative demands. In several cases he has successfully secured the government's agreement not to intervene, and obtained the voluntary dismissal of qui tam lawsuits without any payments by the defendants. James also represents providers in Medicare and Medicaid reimbursement litigation, involving both administrative proceedings and judicial review cases. His handling of Medicare and Medicaid reimbursement litigation provides invaluable experience when defending health care providers in False Claims Act cases involving the complexities of the Medicare and Medicaid programs. He also handles commercial litigation on behalf of health care providers, involving false advertising claims, unfair trade practices, trade secrets, wrongful discharge and contract claims.

Over the past 25 years, James has represented national health care trade associations, managed care organizations, assisted living facilities, nursing homes, pharmacies, physician groups, medical equipment suppliers, laboratories, hospitals and outpatient surgical centers.

Representative Cases

U.S. ex rel. Steury v. Cardinal Health, Inc. - Filed successful motion to dismiss False Claims Act allegations involving sale of medical devices to Veterans Hospitals

Erin Brockovich v. Promise Healthcare - Won dismissal  of novel qui tam litigation filed by celebrity plaintiff under the Medicare Secondary Payer Statute  

Stalley v. Catholic Health East - Won dismissal of qui tam lawsuit on appeal to the Third Circuit seeking to recover Medicare payments to hospitals

Avalon Healthcare v. California Department of Healthcare Services - Won a writ of mandate invalidating state agency's denial of Medicaid reimbursement based on rate methodology not included in State Plan

Avante at Roanoke v. Virginia Department of Medical Assistance Services - Obtained appellate decision setting aside state agency's denial of Medicaid reimbursement for respiratory therapy services provided at nursing homes

U.S. ex rel. Howard v. Life Care Centers of America - Obtained summary judgment on behalf of the defendant in a False Claims Act suit alleging false claims for nursing home care

Alterra Clarebridge of Williamsville v. New York State Department of Health - Represented the petitioner in the successful challenge of a state agency’s refusal to take required administrative action regarding assisted living facility's request for regulatory waiver

In re Humana Managed Care Litigation - Assisted America’s Health Insurance Plans in connection with extensive third-party discovery conducted in a significant multi-district litigation against the managed care industry regarding payment for out-of-network services

North Jackson Pharmacy v. Express Scripts - Assisted Pharmaceutical Care Management Association in connection with third-party discovery conducted in a class action against the pharmacy benefit management industry

Dellorusso v. TLC Laser Vision Centers - Negotiated a voluntary dismissal of false advertising allegations under the Lanham Act on behalf of the defendant without payment to plaintiff

In re Jenny Craig Weight Loss Centers -  Provided representation in an FTC Section 5 administrative proceeding alleging deceptive advertising in connection with weight loss claims, including the negotiation of a consent order that established a standardized disclaimer for the weight loss industry.

Professional Memberships

• American Health Lawyers Association

Community Service

• Baltimore Crisis Response, Inc.
  • Board of Directors

Professional Background

• Senior Counsel, Proskauer Rose, LLP
• Associate, Casson & Harkins
• Associate, Iverson Yoakum Papiano & Hatch