A special master has ordered a Baker & Hostetler partner, Lee H. Rosebush, to sit for a second deposition after finding that he was “an extraordinarily difficult and evasive witness” during the first round of questioning.
Retired Judge Dennis Cavanaugh, acting as a special master, stated in an April 14 order that Rosebush attempted to sidestep questions and that he “interjected statements and asides which had no bearing on what was asked.” Cavanaugh also highlighted that Rosebush regularly maintained that a question had been “asked and answered” and requested that the court reporter read back his answer rather than providing a direct response.
Throughout the deposition, Cavanaugh said that Rosebush was asked questions that “by any rational analysis, called for a simple ‘yes’ or ‘no,’ ‘I don’t know,’ or ‘I don’t recall’ response—or a reasonable variation thereof.” However, Rosebush instead provided what the plaintiffs termed a “rote” response or answered a question that had not been asked.
According to Cavanaugh, Rosebush “indeed spoke words but did not provide answers, thereby preventing effective examination.” Rosebush is a defendant in a lawsuit filed by the Roche Diagnostics Corp. alleging that he aided an insurance fraud scheme for Baker & Hostetler’s then-client, the pharmacy company Alliance Medical Holdings. The suit has been combined with a suit by LifeScan Inc. for discovery. The companies allege that Alliance Medical Holdings billed insurers for more expensive strips packaged for retail sale rather than the less expensive mail-order strips it had purchased on the secondary market.
The plaintiffs allege that Rosebush, who was on the board of Alliance Medical Holdings, helped conceal the fraud. Rosebush had contended that he was harassed with repetitive questions during the seven-hour deposition. He did not immediately reply to the ABA Journal’s email and voicemail message seeking comment.
In directing Rosebush to “provide responsive and concise answers to the questions presented” during the new deposition, Cavanaugh also stated that he would make himself available during the deposition to “telephonically” address any issues that may arise.
This case highlights the importance of providing clear, concise answers during a deposition. As a partner at Baker & Hostetler, Rosebush’s conduct during the deposition may reflect poorly on the firm, potentially damaging its reputation and client relationships.
The case also serves as a reminder that insurance fraud is a serious crime that can result in significant legal consequences. Companies that engage in fraudulent billing practices can face lawsuits and regulatory action, and individuals who aid in these schemes can also face legal repercussions.
Furthermore, the case highlights the role that special masters can play in complex legal proceedings. Special masters are appointed by a judge to oversee and resolve specific issues in a case, and their decisions can significantly impact the outcome of a trial or settlement.
In conclusion, the order for Rosebush to sit for a second deposition highlights the importance of providing responsive and concise answers during legal proceedings. It serves as a reminder of the severe consequences that can arise from insurance fraud. It also highlights the role of special masters in complex legal proceedings and their ability to shape the outcome of a case.