Michael Matheson

Michael Matheson

ThompsonMcMullan PC

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Latest Publications


Federal District Court Finds General Allegations of Fraud, Duress, and Overreaching Insufficient to Invalidate Contract Dispute...

Dispute resolution provisions, such as forum-selection clauses, arbitration clauses, and choice-of-law clauses, are commonly included in modern business and employment contracts. A recent opinion in Zaklit v. Global...more

7/11/2014 - Breach of Contract Choice-of-Law Duress Fraud

Medicaid Information System Glitch Surprises Provider with $367k Retraction

Yesterday the Court of Appeals of Virginia released its opinion in LifeCare Medical Transports, Inc. v. DMAS, a case involving a retraction of over $367,000. LifeCare Medical Transports, Inc. (“LifeCare”) provides advanced...more

6/26/2014 - Appeals Medicaid Medicare

Fourth Circuit Clarifies that Bankruptcy Proceedings Need Not Defeat Your Unperfected Mechanics Lien

The statutory mechanics lien is a powerful tool for contractors and suppliers aggrieved by an owner or prime contractor who fails or refuses to pay. Before a mechanics lien may be enforced, the Code of Virginia mandates that...more

5/28/2014 - Consumer Bankruptcy Contractors Liens Mechanics Lien Subcontractors

“Abysmal” Documentation of Services Deemed a Material Breach of the Provider Agreement

We have previously discussed a line of Virginia case decisions holding that less-than-perfect compliance with the Department of Medical Assistance Services regulations does not always justify a retraction of payments. ...more

4/9/2014 - Breach of Contract Contract Drafting Healthcare Risk Management

Less-than-Perfect Compliance with DMAS Regulations Does Not Always Justify a Retraction of Payment

As providers work tirelessly to furnish essential health care services to the elderly, disabled and infirm, they must navigate the DMAS Provider Agreement as well as labyrinthine federal and state regulations to ensure that...more

11/18/2013 - Breach of Contract Medicaid

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