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W. Kirkland “Kirk” Mattei
Member of the Firm
Kirk has a civil litigation practice with a particular focus on the representation of healthcare providers across Alabama. He has extensive experience representing and defending hospitals, physicians, and long-term care facilities across Alabama in medical negligence lawsuits and other healthcare-related matters.
Kirk also represents and counsels elected officials, candidates for public office, and political action committees in the areas of campaign finance, election law, and legal/ethical issues.
Areas of Focus
- Medical Malpractice & Professional Liability Defense
Education
- Cumberland School of Law, J.D., 2014
- University of Alabama, B.A., 2009
Professional Affiliations
- Defense Research Institute (Medical Liability and Healthcare Committee – National Young Lawyer Vice Liaison)
- Alabama Defense Lawyers Association
- Mobile Bar Association
- Alabama Bar Association
Bar & Court Admissions
- Alabama
- After winning dismissal of most the plaintiff’s claims on motion to dismiss, reached favorable settlement in False Claims Act lawsuit against physician practice alleging overutilization, unnecessary medical procedures, and Anti-Kickback Law violations
- Represented specialty pharmacy being investigated by Mississippi Medicaid Fraud Control Unit. No action taken against client.
- In mediation with the government before the qui tam complaint was unsealed, reached favorable settlement of False Claim Act lawsuit against physician practice that included claims under the Stark Law, Anti-Kickback Statute, for alleged breach of numerous Medicare and Tricare regulations and retaliation.
- In mediation with the government before the qui tam complaint was unsealed, reached favorable settlement of False Claim Act lawsuit against physician practice that included claims under the Stark Law, Anti-Kickback Statute, for alleged breach of numerous Medicare and Tricare regulations and retaliation.
- Represented client targeted in connection with large scale federal criminal investigation of alleged bid-rigging scheme in violation of the Sherman Act that led to over a dozen convictions. Client was not charged.
- In multiple separate cases, assisted health care industry clients respond to investigations by the Drug Enforcement Agency’s Diversion Control Program
- In multiple separate cases, conducted internal investigations for health care providers concerning possible fraud by physicians and other employees.
- In multiple separate cases, conducted internal investigations for health care providers concerning possible fraud by physicians and other employees.
- Supreme Court of Louisiana and all other Louisiana state courts
- Pro Hac Vice in various other state and federal courts.
Case Category or Practice Area
Significant Cases
Case 1
Location
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Case 2
Location
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Case 3
Location
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Professional Service Activities
- Team Leader, Counselors of Real Estate (CRE) Consulting Corps Assignment in Thomasville, Georgia – 2016
The Counselors of Real Estate (CRE) Consulting Corps provides real estate analysis and action plans for municipalities, not-for-profit organizations, government entities, educational institutions, and other nonprofit owners of real property. Casey led the volunteer Consulting Corps team, which was comprised of 5 CREs from various real estate professional disciplines around the country. The team spent a week in Thomasville, Georgia assisting the local municipality and leaders in defining a vision for the decommissioned Southwestern State Hospital, a former institutional mental health care facility. The team conducted interviews of local business and industry representatives, conducted property inspections, performed research, analyzed the market for the property, delivered an oral presentation to the client, and drafted a written report to the client. The report included a strategic plan with actionable steps that were focused on identifying the highest and best use for the property, creating a vision for the property compatible with the city’s other initiatives, recommending marketing strategies to promote the property, and addressing strategies to control, buy and/or finance the carrying costs of the property until the final re-development or adaptive re-use of the property is accomplished. Casey served as the team leader for this project. In addition to the six days and five nights spent in Thomasville working exclusively on this project, Casey spent approximately another 25 hours preparing, drafting, and editing the report. For more information on this project and its challenges, see: https://www.cre.org/cre-consulting-corps-making-difference-thomasvillegeorgia/
- Volunteer lawyer for the South Alabama Volunteer Lawyer Program (SAVLP) providing pro bono legal services in the community.
Publications
- Co-Author, Social Media Development = Real Estate Development, Real Estate Issues, Global Cities in an Era of Change, Counselors of Real Estate, 2017
- Co-Author, Alabama Enacts Major Revisions of Alabama Code 8-1-1, Alabama Lawyer, Alabama Bar Association, November 2015
- Author, Alabama Chapter to Landowner’s Guide to Pipelines, Pipeline Safety Trust, 2014
- Alabama Chapter to Fifty-State Survey: The Law of Eminent Domain, ABA Book Publishing, 2012
- Co-Author, How to Depose an Opposing Appraiser (With Deposition Questions), The Practical Real Estate Lawyer, January 2007
- Co-Author, Damages to the Remainder – Loss of Parking Spaces in Condemnation Actions, Probate and Property Magazine, May/June 2003