A FEW CASES FROM THE RECENT PAST

2005: United States of America v. Boyd: Federal Grand Jury litigation. The federal prosecution team attempted to get 38 attorney/witnesses disbarred.  Justice Department Motion to Release 38 Grand Jury Transcripts to the state lawyer discipline authorities in 22 states was DENIED. The District Court published an 18 page opinion finding for Mr. Mallett’s client and the Justice Department did not appeal.

 2004:  State Board of Medical Examiners v. Dr. X: We persuaded the Harris County DA’s office to refuse to prosecute prescription fraud charges against a physician who may have been abusing hydrocodone. Police officer “threatened” to seek an “alternative” sanction: revocation of the Doctor’s license to practice medicine. The SBME agreed to an informal, confidential, supervisory agreement, allowing the physician to return to work.  The client’s licenses to practice and to prescribe medication were not suspended.

2003: USA ex rel. James Thompson v. Columbia Healthcare Corporation. This lawsuit was filed in 1995 under the federal “qui tam” statute, which allows private citizens to sue when the government is the victim of a fraud. A Plaintiff “whistleblower” is awarded a percentage of any recovery, plus attorney fees, but only if the civilian is not convicted of any felony related to the fraud. Our client was a doctor and he was not convicted of any offense. We worked in collaboration with four other law firms and our team was responsible for more than $200 million of the $1.7 billion that Columbia paid in 2003. This is the largest “whistleblower” payout in history.

2002: State of Texas v. Mother of Three Children. Charge: Injury to a Child by omission, causing death of her daughter. Our client was a legal secretary. The State prosecuted her on the theory that she disliked Children’s Protective Services so much from previous contacts that she failed to call 911 when something was catastrophically wrong with her child. The State’s forensic pediatrician testified on Mr. Mallett’s cross-examination, at a pretrial hearing, that the client’s explanation was credible and that the client may have done nothing wrong. Case dismissed.

2001: The Russell Yates case. Our client is a NASA mathematician. There was public controversy over whether he should be held criminally responsible for leaving his five children with their mentally ill mother on the day they died.  Primary result: No charge filed against client. Secondary issue:  The trial court judge appointed a Special Prosecutor to decide if Mr.  Mallett should be punished  for “contempt of court,” for  violation of a  “gag” order.  The Special Prosecutor determined that the Gag Order was unconstitutional.

A sample of interesting “Big Cases” from before 2001:

Samples from the Appellate Courts: