ALLSTATE INS. v. VALLEY PHYSICAL MEDICINE & REHAB.

No. 05-5934(DRH)(MLO).

555 F.Supp.2d 335 (2008)

ALLSTATE INSURANCE COMPANY, Allstate Indemnity Company and Deerbrook Insurance Company, Plaintiffs, v. VALLEY PHYSICAL MEDICINE & REHABILITATION, P.C., Elite Physical Medicine & Rehabilitation, P.C., Universal Express Inc., Dr. Joseph Mills, Dr. Pavani Tipirneni, Dr. Sarosh Quereshy, Dr. Eric Roth, and Dr. Swapnidip Lahiri, Defendants.

United States District Court, E.D. New York.

March 31, 2008.


Attorney(s) appearing for the Case

Cadwalader, Wickersham & Taft LLP, by: William J. Natbony, Esq., New York, NY, for Plaintiffs.

Short & Billy, P.C., by: Skip Short, Esq., New York, NY, for Plaintiffs.

Friedman, Harfenist, Langer & Kraut, by: Steven J. Harfenist, Esq., Lake Success, NY, for Defendants Valley Physical Medicine & Rehabilitation, P.C., Elite Physical Medicine & Rehabilitation, P.C., Universal Express, Inc., Dr. Joseph Mills, and Dr. Pavani Tipirneni.

Rivkin Radler LLP, by: Evan H. Krinick, Esq., Uniondale, NY, for Amicus Curiae, State Farm Mutual Automobile Insurance Company.


MEMORANDUM OF DECISION AND ORDER

HURLEY, Senior District Judge.

Plaintiffs Allstate Insurance Company, Allstate Indemnity Company and Deerbrook Insurance Company (collectively "Allstate" or "Plaintiffs") commenced this action on December 20, 2005 asserting causes of action for fraud (first claim for relief), for violations of the Racketeer Influenced and Corrupt Organizations Act ("RICO") (second through seventh claims for relief), unjust enrichment/restitution...

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