Casey Low

In acting on behalf of clients as both plaintiffs and defendants, Casey has obtained more than $100 million in settlements and judgments for his clients and also successfully defeated claims seeking hundreds of millions of dollars, while also obtaining attorney’s fees as the prevailing parties.

• Prosecutes contract and tort claims for providers and patients against health insurance companies for improper reimbursement and payment practices.
• Represented hundreds of physicians in successful dismissal of federal qui tam and False Claims Act actions involving the U.S. government and several states.
• Trial Court Matters
  • Lead counsel in obtaining a jury verdict and court-issued declaratory judgment in the United States District Court for the Northern District of California establishing the rightful owner of one of the most prestigious wine companies in the world.
  • Lead counsel in trying a case in arbitration on behalf of client against its former employee and obtaining an affirmative award for breach of a nondisclosure agreement and obtaining complete dismissal of employee’s claims for breach of contract related to bonus payments, termination and retaliation for alleged whistleblowing under the False Claims Act
  • Lead counsel in successfully defeating summary judgment and obtaining settlement for plaintiffs for their federal antitrust claims against health insurance companies for their conspiracy to restrict competition for allergy services in the United States District Court for the Western District of Texas.
  • Lead counsel in obtaining a dismissal of a nationwide real estate company defending against claims of a nationwide class of employees for claims asserted in federal court under the Fair Labor Standards Act.
  • Lead counsel in successfully prosecuting claims for violation of the Texas Free Enterprise and Antitrust Act related to noncompetition and exclusive dealing arrangements in the banking industry.
  • Lead counsel in successfully obtaining a court issued final judgment declaring the ownership of an important Austin-based apartment complex against contractual and tort claims asserted by a would-be purchaser to obtain ownership.
  • Lead counsel in obtaining a temporary restraining order in Texas state court for a company asserting claims against former employees acting in breach of their noncompetition and nondisclosure agreements.
  • Lead counsel in successfully defeating summary judgment and obtaining settlement for a Tennessee-based provider against a health insurance company for breach of contract and tortious interference with business relations.
  • Lead counsel in successfully prosecuting insurance code and deceptive trade act practices violations in state court to recover for devastating injuries child of the Texas foster care program.
  • Lead counsel in obtaining dismissal of federal Lanham Act claims asserted by competitor related to alleged business disparagement.
  • Lead counsel in successfully prosecuting and obtaining settlement of arbitration against health insurance company for improper recoupment and recovery practices.
  • Lead counsel in defeating summary judgment and obtaining settlement against a large pharmaceutical company for antitrust violations and common law claims for tortious interference and related business disparagement.
• Appeal

When appellate matters have concerned complicated legal issues, including those of first impression, clients have turned to Casey to lead the prosecution and defense of those appeals. Casey has consequently acted as lead appellate counsel in briefing and oral argument in several cases before the United States Court of Appeals, the Texas Supreme Court, and several Texas courts of appeal. The results in those cases have included seminal and often cited opinions on matters such as the scope of proper discovery in civil cases, the statutory limits of the Sherman and Clayton Acts, the reach of attorney-client privilege, and the effect of dismissals of qui tam litigation, among other issues.

• Recent successes include the following opinions:
  • Academy of Allergy & Asthma in Primary Care v. Quest Diagnostics, Inc., 998 F.3d 190 (5th Cir. 2021)
  • Eureka Holdings Acquisitions, L.P. v. Marshall Apartments, LLC, No. 03-21-00442-CV (Tex. App.—Austin Sept. 29, 2023, no pet. h.).
  • Constellation Brands, Inc. v. Roach, No. 01-21-00155-CV (Tex. App.—Houston [1st Dist.] Dec. 29, 2022, pet. filed)
  • Eureka Holdings Acquisitions, L.P. v. Marshall Apartments, LLC, 597 S.W.3d 921 (Tex. App.—Austin 2020, pet. denied).
  • Schrader v. Roach, No. 01-20-00183-CV (Tex. App.—Houston [1st Dist.] June 21, 2022, pet. denied)
  • Superior HealthPlan, Inc. v. Badawo, No. 03-18-00691-CV (Tex. App.—Austin Aug. 8, 2019).
  • United States ex rel. Vaughn v. United Biologics, LLC, 907 F.3d 187 (5th Cir. 2018).
  • In re Nat’l Lloyds Ins. Co., 532 S.W.3d 794 (Tex. 2017).
  • In re Nat’l Lloyds Ins. Co., 507 S.W.3d 219 (Tex. 2016).
  • In re Nat’l Lloyds Ins. Co., 449 S.W.3d 486 (Tex. 2014).

Associations

• American Bar Association – Antitrust, Health Law and Litigation Sections
• Texas Bar Association – Appellate and Litigation Sections
• Austin Bar Association – Appellate and Litigation Sections