Catholic Law's Lawyering Skills Program (LSP) appellate arguments were held on the evening of Friday, April 14, 2023. During this capstone event, one hundred and thirty-one students argued before alumni judges. Participating alumni represented class years ranging from 1977 to 2022. Upper-level students also volunteered their time to act as bailiffs and backup judges. First-year LSP students discussed the legal action from many angles in class throughout the semester, but this live-simulation exercise brought the course to a fitting close.
Catholic Law Professor A.G. Harmon, Associate Dean of Bench and Bar Programs, drafted this year’s problem, which involved a federal False Claims Act whistleblower suit by a doctor against a hospital, alleging that the hospital paid kickbacks to a physicians’ group in exchange for Medicare patient referrals. The U.S. District Court for the District of Kansas held that the hospital was not entitled to protection under a regulatory safe harbor, but granted summary judgment in the hospital’s favor, holding that the hospital did not pay illegal remuneration to the physicians’ group pursuant to a service contract to conduct health fairs at the group’s retirement facilities. The parties filed cross-appeals and the case is now before the U.S. Court of Appeals for the Tenth Circuit.
Professor Lisa Everhart, Director of LSP, shared, “it is rewarding to see our 1L students showcase the practical legal skills they worked so diligently to develop over the past year. Alumni support reinforces the supportive professional community they will enter upon graduation.”
This year, more than 60 alumni judges participated in the event. More than 130 students argued across 17 courtrooms. Special thanks to Rachel Lane, Barbara McCoy, Carol McHale, and Walter Lewis for their support. Thanks, too, to the upper-level students who served as bailiffs and back-up judges for the event.