James Holloway

James P. Holloway is a shareholder in Baker Donelson’s Washington, D.C. office. Mr. Holloway represents health care providers in complex civil litigation and government investigations. Mr. Holloway 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, Mr. Holloway 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. Mr. Holloway 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.

In addition, Mr. Holloway represents providers in federal and state government investigations regarding a wide variety of regulatory compliance issues. He also handles commercial litigation on behalf of health care providers, involving false advertising claims, unfair trade practices, trade secrets, wrongful discharge, contract claims and disputes with the National Resident Matching Program.

Over the past 30 years, Mr. Holloway 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.

EDUCATION:

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

ADMISSIONS:

• California
• District of Columbia
• Court of Appeals of the District of Columbia
• U.S. Court of Appeals for the District of Columbia Circuit
• U.S. Supreme Court

Representative Matters :

• In AAA arbitration proceeding, successfully voided NRMP’s erroneous punishment against resident for alleged violation of match policy
• Obtained dismissal of a defendant in a qui tam lawsuit alleging false claims related to the Average Wholesale Price for drugs
• Obtained appellate decision setting aside state agency’s denial of Medicaid reimbursement for respiratory therapy services provided at nursing homes
• Assisted Pharmaceutical Care Management Association in connection with third-party discovery conducted in a class action against the pharmacy benefit management industry
• Obtained summary judgment on behalf of the defendant in a False Claims Act suit alleging false claims for nursing home care
• 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
• Negotiated a voluntary dismissal of false advertising allegations under the Lanham Act on behalf of the defendant without payment to plaintiff

Professional Memberships : Member – American Health Lawyers Association

Community Service : Board of Directors – Baltimore Crisis Response, Inc.