The Clinton Herald, Clinton, Iowa

Local News

October 18, 2013

Verdict clears attorney; city gets nothing

DAVENPORT —  A Scott County jury on Friday sided with attorney Michael Walker in the city of Clinton's legal malpractice suit against him, awarding the city nothing. Jurors spent 11 hours deliberating before returning a unanimous verdict that Walker and his law firm Hopkins and Huebner were not negligent when representing the city in a 2009 federal False Claims Act case.

Their decision that Walker wasn't negligent meant they did not move on to answer the two other blanks on the verdict form: Was the negligence of the defendants a cause of damages to the city of Clinton and what amount of damages the city sustained because of that negligence. Walker and his firm were retained to represent the city in 2009 after former Clinton firefighter Timothy Schultheis filed a complaint under the federal False Claims Act that the city was knowingly submitting false ambulance claims to Medicare and Medicaid in order to receive higher reimbursement rates. By coding basic life support instead of advanced life support the city was able to get more money from the federal programs, Schultheis alleged.

The case was settled in 2010 for $4.5 million to be paid to Schultheis and the U.S. Department of Justice in annual installments of $450,000 over the course of 10 years, with the money to come from the debt service levy. Schultheis and his attorneys receive 30 percent of the settlement.

The city filed a legal malpractice suit against Walker and his law firm Hopkins and Huebner in March 2012, alleging Walker's negligence caused the city to rush into a settlement. They sought $4.67 million to recoup the costs of the settlement and attorney and expert fees.

"All of us lawyers are extremely disappointed in the jury's verdict, of course," said Mike Hannafan, one of the attorneys the city retained for the legal malpractice case. "We all feel particularly badly for the city of Clinton, especially for the brave firefighters and paramedics."

Text Only
Local News
  • 7-24-14 Used Book Sale Prep Finding a (temporary) new home CLINTON — The harsh winter delivered a devastating loss to the Friends of the Library.Now, months later, the Friends have regrouped and are ready to showcase its used books — albeit in a new school building.For several years, the Friends hosted its a

    July 24, 2014 1 Photo

  • UPDATED: Arbitrator rules in favor of Clinton firefighters

    Gallagher rules in favor of Union's wages and insurance proposals over the city's.

    July 23, 2014

  • Council backs down CLINTON – By Tuesday’s end, many were content with the Clinton City Council’s decision. Property owners adjacent to the proposed 13th Avenue North and North 14th Street sidewalk sites are happy they won’t be assessed to build the sidewalks; four of s

    July 24, 2014

  • New tourism position denied FULTON, Ill. — With the unexpected departure of former Tourism Director and Chamber of Commerce Director Heather Bennett, the city of Fulton has worked for the last two months to pick up the pieces and fill the void she left behind.One option was to

    July 24, 2014

  • Man charged with burglarizing cars CLINTON — A homeless Clinton man is currently held in the Clinton county jail on a $2,000 cash bond, on charges related to the Monday morning burglary of parked cars.Austin W. E. Housley, 20, is charged with possession of burglary tools, two counts o

    July 24, 2014

  • Property transfers From records obtained from the Clinton County Recorder’s Office. Unless noted, property is located within the city of Clinton. The date indicated is the recorded date.July 15 Vernon L. and Geneene A. Pals to Daniel J. and Bridget Mitchell, 960 S. 18t

    July 24, 2014

  • Camanche schools sharpens skills (with VIDEO)

    CLINTON — The Camanche School Board were educated Monday night on what actions should be taken during an active shooter attack.Clinton County Emergency Management Coordinator Chance Kness, as well as Camanche police officers Cory Determann and Daniel

    July 24, 2014

  • Mohawks finish in seventh FORT DODGE — Marquette Catholic finished in seventh place in Class 1A after splitting a pair of games Wednesday at the Iowa softball state tournament.The Mohawks suffered a walk-off loss to Lynnville-Sully 3-2, then beat Glidden-Ralston 13-0.However,

    July 24, 2014

  • Railpark Meeting photo Water 'big hurdle' CLINTON — Bringing a sustained water supply to the Lincolnway Industrial Railpark is the last remaining obstacle standing in the way of site certification, according to Jenelle Kreigling of the Clinton Regional Development Corporation.Iowa currently

    July 24, 2014 1 Photo

  • New class preps students for college FULTON, Ill. — Incoming freshman this year at Fulton High School will get a first glance at a new course aimed to prepare them for the next big step in their lives.While most high-school classes are geared in some way to prepare students for college,

    July 24, 2014

Facebook
Clinton

Camanche
Fulton
Clinton Herald photos


Browse, buy and submit pictures with our photo site.