Hon. Curtis E. von Kann (Ret.)

T: 202-942-9180
F: 202-942-9186
Health Care
Curtis E. von Kann has mediated, evaluated, and arbitrated a wide variety of healthcare disputes involving multiple private and governmental parties. He is an approved neutral for the American Health Lawyers Association. Because of his expertise concerning alternative resolution of healthcare disputes, Judge von Kann has been selected to make presentations on various ADR topics to the ALI-ABA Annual Conference on Healthcare Law and Litigation.

Representative Matters

  • Hospital Contract with Anesthesiologists. Mediation of disputes between hospital and independent anesthesiologist practice group incident to hospital’s decision to terminate group’s contract and use only anesthesiologists employed by hospital
  • Hospital Supply Contract. Mediation of claim by hospital supply company that hospital’s early termination of contract was unjustified
  • Insurance for Managed Care Provider. Mediation of $50 million claim by leading managed care provider against its liability insurer for partial reimbursement of sums paid to settle national class action brought against provider by subscribers alleging improper denials of healthcare claim. When parties were unable to reach settlement, they agreed to accept Judge von Kann’s determination of a reimbursement amount between specified minimum and maximum figures.
  • Medical Malpractice. Mediation and arbitration of multiple cases alleging various forms of dental and medical malpractice
  • Medicare Fraud. Mediation of Department of Justice’s claims against large healthcare provider for compensatory damages and civil penalties under False Claims Act and claims of Department of Health and Human Services for debarment of provider from Medicare program
  • Medicare Reimbursement. Neutral case evaluation of $160 million of claims and counterclaims between Health Care Financing Administration and two national group health insurers concerning provisions of the Medicare as Secondary Payer Act
  • Negligence of Group Home Supervision. Mediation of claim that home care agency was negligent in hiring and supervising employee who sexually assaulted retarded resident in group home
  • Pharmaceutical Shipments. Mediation of claims for civil penalties brought by U.S. Drug Enforcement Agency against major pharmaceutical company for allegedly violating the Uniform Controlled Substances Act on thousands of occasions in connection with shipments of certain restricted medical drugs
  • Separation of Physician from Practice Group. Arbitration of claim by physician that his separation from medical practice group violated the terms of the group’s Shareholders Agreement
  • Termination of Hospital Manager. Mediation of claim by senior manager that hospital’s termination of her employment violated her employment contract and the Americans with Disabilities Act

Honors, Memberships, and Professional Activities

  • Listed in The Best Lawyers in America, in the practice area of Arbitration, 2016
  • Distinguished Neutral, CPR Institute for Dispute Resolution
  • Member, Chartered Institute of Arbitrators, London
  • Past President, College of Commercial Arbitrators
  • Listed in Best Lawyers in America, 2014
  • Former President, Harvard Law School Association of the District of Columbia and Charles Fahy American Inn of Court
  • Former Board Member, JAMS, National Board of Trustees of the American Inns of Court, Council for Court Excellence
  • Member of two Copyright Arbitration Royalty Panels, U.S. Copyright Office
  • First person selected to hear complaints against Members of Congress and others under the Congressional Accountability Act of 1995
  • Independent Counsel of the United States appointed to investigate alleged violations of law by President Clinton's campaign chief of staff
  • Special Master to the Deputy Attorney General appointed to resolve disputes between two divisions of the U.S. Department of Justice concerning $8 billion dollar law enforcement program
  • Frequently requested ADR lecturer and trainer for numerous organizations, including the World Bank, U.S. Department of Justice, National Judicial College, CPR Institute for Dispute Resolution, American Intellectual Property Law Association, Mass Torts Institute, American Bar Association, American Law Institute, American Corporate Counsel Association, Georgetown University, George Washington University, and leading law firms

Publications (Partial List)

  • "Winning in Arbitration: The 10 Golden Rules," JAMS GEC Newsletter, Summer 2017
  • "Contemporary U.S. Commercial Arbitration Meets Ancient Chinese Curse: May you Live in Exciting Times," Canadian Arbitration and Mediation Journal (Fall/Winter 2012)
  • The College of Commercial Arbitrators Protocols for Expeditious, Cost-Effective Commercial Arbitration (2010) (available at www.thecca.net) (Associate Editor)
  • The College of Commercial Arbitrators Guide to Best Practices in Commercial Arbitration (2006) (JurisNet, LLC) (Editor-in-Chief)
  • "Alternative Dispute Resolution Can Avert Costly Court Battles," Potomac Tech Journal (October 14, 2002)
  • "Parties Should Make Arbitration Process Choices in the Contract," Metropolitan Corporate Counsel (September 2002) (co-author)
  • "Neutral Case Evaluation: A Valuable Addition to Your ADR Repertoire," Metropolitan Corporate Counsel (July 2002)
  • "A Week in the Life: Charting the Job of a Mediator in Daily Detail," Legal Times (March 25, 2002) and The Recorder (May 2002)
  • "Leaving the Bench for ADR," Legal Times (September 11, 1995)
  • "Reinventing the Jury Trial," Legal Times (January 2, 1995)

Background and Education

  • Arbitrator and Mediator, JAMS, 1997-present
  • Chair, ADR Department of Ross, Dixon & Masback, 1995-1997
  • Judge, District of Columbia Superior Court, 1985-1995
  • Civil Litigator, Hogan & Lovells (partner) and other law firms, 1969-1985
  • J.D., Harvard Law School, 1969
  • B.A., cum laude, Harvard College, 1964

Disclaimer

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