The California 4th District Court of Appeal reported the following activity in the suit brought by
State Farm Mutual Automobile Insurance against
Newport Institute of Minimally Invasive Surgery,
Sonny Rubin and
Sonny Rubin, M.D., Inc. on Oct. 25: 'Order Filed. On The Court's Own Motion And For Good Cause, The Parties Are Directed To Be Prepared To Discuss The Following At Oral Argument Calendared For Wednesday, October 27, 2021, At 9:30 A.m.1. With Regard To The First-to-File Rule, Should This Court Give Any Consideration To The Fact That Allstate's Action Was Still Sealed When State Farm Filed The Instant Action?2. Did Allstate's Action Contain Enough Information To Inform The Government Of The Fraudulent Scheme It Alleged With Regard To Epidural Steroid Injections?3. In Its Amicus Brief, Allstate Informed This Court That Its Action Relates Only To Its Own Insureds. What Consideration, If Any, Should This Court Give To That Information?4. If We Permit State Farm To Proceed, Could Other Insurers (geico, Mercury) Also File Suit? Is There Any Limiting Principle That Would Permit Or Limit Those Suits?order Phoned In To Parties'.
Case number G059509 was filed in the California 4th District Court of Appeal on Oct. 7, 2020.
