Robert M. Kort is a partner in Lewis Roca Rothgerber Christie’s Litigation practice group. Rob has more than 20 years of litigation experience, achieving highly successful outcomes for clients in various industries, including health care, financial and insurance services, commercial real estate, pharmaceuticals and consumer goods.
Rob represents industry-leading health care entities and provider groups in a wide range of complex health care disputes, including provider reimbursement, network contracting and termination, overpayment recovery, Medicare benefits litigation, and class action defense.
Rob also handles various complex commercial matters, including fraud and civil racketeering actions, non-compete and trade secrets claims, director and officer liability, data privacy claims, and privately held corporation and partnership disputes, frequently appearing in state and federal courts, arbitration proceedings, and administrative hearings. Among his trial victories, Rob obtained one of the largest civil jury verdicts in Arizona history in a federal court case involving contract, fraud and other business tort claims.
- Obtained record-setting jury verdict of $57.2 million as lead counsel in federal court case involving fraud and commercial tort claims in consumer goods distribution industry.
- Argued winning brief before Arizona Court of Appeals regarding arbitrability of benefit coverage claims asserted by behavioral health care providers under Medicare Advantage and ERISA health plans. 2015 Ariz. App. LEXIS 96 (June 23, 2015).
- Obtained summary judgment for health plan in ERISA action by out-of-network provider seeking 7-figure reimbursement for services denied for lack of coverage on medical necessity grounds. 2014 U.S. Dist. LEXIS 158859.
- Secured multi-million dollar recovery for health insurance plan in overpayment recovery litigation against national physician group.
- Obtained temporary restraining order and appointment of receiver in connection with shareholder dispute involving radiology practice.
- Obtained summary judgment on behalf of life insurance company for recoupment of policy benefits due to fraud by insured. 2013 U.S. Dist. LEXIS 18694 (D. Ariz. 2013).
- Successfully defended professional services firm in jury trial involving claims of malpractice and securities fraud, resulting in nominal settlement before closing arguments.
- Prevailed in AAA arbitration hearing, obtaining 7-figure award for client arising out of partnership dispute and defeating multi-million dollar counterclaims for fraud and breach of contract.
- Successfully defended national financial services firm in class action lawsuit, defeating class certification at trial court and appellate level of proposed class of thousands of individuals purporting to assert electronic privacy claims.
- Represented financial services company in class action cases involving alleged violations of Telephone Consumer Protection Act.
- Obtained defense verdict in arbitration proceeding involving fraud claims arising out of client’s sale of security related business and recovered full award of attorneys’ fees.