The Clinton Herald, Clinton, Iowa

Clinton

October 16, 2013

Iowa Bar president: Walker not negligent

DAVENPORT — Attorney Michael Walker was not negligent while he represented the city of Clinton in a 2010 False Claims Act case, a Des Moines lawyer who is president of the Iowa Bar Association testified Tuesday.

Guy Cook told members of the jury hearing the city’s legal malpractice suit against Walker and his law firm Hopkins and Huebner that the defendants made the right moves in the underlying False Claims Act suit, including the move to settle for $4.5 million.

The city retained Walker and his firm in 2009 after a lawsuit from former Clinton firefighter and whistleblower Timothy Schultheis was unsealed. Schultheis alleged the city had submitted false claims to Medicare and Medicaid in order to receive higher reimbursement rates for ambulance runs.

That case was settled in 2010 for $4.5 million to be paid without interest over the course of 10 years. The city filed suit against Walker in his firm in 2012, claiming he failed to properly analyze the case and his negligence led to the city settling.

Among the assertions that have been made in the legal malpractice case is one that Walker should not have accepted the False Claims Act case because he, by his own admission, had never heard of the False Claims Act before he was retained by the city.

Cook testified Walker and his firm were qualified and had the requisite skills to handle the Schultheis case. He would have recommended Walker hire an expert and get acquainted with the statute, but would not have advised against Walker taking the case, Cook said.

In regard to Walker’s decision not to file a motion to dismiss under either of two federal rules, Cook said such motions are strategically used and he felt Walker used his discretion not to file the motions for strategic reasons.

Further, Cook said, U.S. District Court for the Southern District of Iowa Senior Judge Charles Wolle, who the Schultheis case was assigned to, was “not a person prone to grant motions to dismiss.”

Text Only
Clinton
  • School board set to analyze survey CLINTON - The results of the Clinton School Board's open enroll out survey are in, and district officials are set to analyze them. Board member Eric Gettes, who has spearheaded the campaign to understand why families have left the district, informed

    April 22, 2014

  • Calling all munchkins CLINTON -- The Clinton Area Showboat Theatre is looking for munchkins. Local auditions will be held from 6 to 8 p.m. Monday, May 19, at the Showboat for munchkins in the upcoming "The Wizard of Oz" performance. Munchkins may be of any age as long as

    April 22, 2014

  • St. Paul grants Church awards grants

    CLINTON -- An area church recently awarded area organizations with grants. The Bickelhaupt Arboretum, the Felix Adler Children's Discovery Center, First Circle Friends, YWCA, Voices for the Land/Monarch Teacher Network and Haley Westerkamp were grant

    April 22, 2014 1 Photo

  • 4-22-14 CCC Pay it Forward Week CCC gives back to community CLINTON -- A community college is defined as a junior college offering a higher education to people living in a particular area. For the staff, faculty and students at Clinton Community College the definition of community plays a much bigger role tha

    April 22, 2014 1 Photo

  • Kness photo Leader, wife run on in fight against cancer FORT BRAGG, N.C. - Fort Bragg Soldier Col. Lenny Kness, chief of staff, 1st Sustainment Command (Theater), is an avid runner. So, it was no surprise in October 2011 that he would stay the course, as planned many months before, and run the Army Ten M

    April 22, 2014 1 Photo

  • On Iowa program selects Clinton residents CLINTON -- Four Clinton residents recently were named On Iowa student leaders. Keaton Fuller, Jacinta Jargo, Kenya Lewis and Allyson Naeve were among 235 people selected to serve as welcomers to new first-year and transfer students at the University

    April 22, 2014

  • Middle School photo 2 Touring the unfinished Clinton MS (With Video)

    CLINTON -- Project manager Eric White and his construction group Estes are still half a year away from unveiling the new Clinton Middle School. Even though weather has set workers back by nearly three months, school officials were pleased with the bu

    April 22, 2014 4 Photos

  • Kings' DeCarlo has another big late hit CLINTON -- In a game that went back and forth, Clinton ended with the last laugh. Clinton (9-7) defeated Quad Cities 7-6 on Monday at Ashford University Field, thanks to an eighth inning that saw a hit batsmen and an RBI double to extend its winning

    April 22, 2014

  • Work still needed on legal services CLINTON -- During Tuesday's meeting, the Clinton City Council is expected to finalize its agreement with Cedar Rapids firm Lynch Dallas, officially filling Clinton's city attorney void that has lasted nearly five months. The firm's scope, spelled ou

    April 21, 2014

  • Choral group marks 10th anniversary CLINTON -- A Clinton choral group will celebrate its 10th anniversary this weekend. RiverChor will celebrate the anniversary at 2 p.m. Sunday at Zion Lutheran Church. The concert is free, but donations will be accepted. A reception will be held in th

    April 21, 2014

Clinton Herald Photos


Browse, buy and submit pictures with our photo site.

Facebook