The Austin Chronicle reports that a hearing was held before the 98th Judicial District Court to consider Lakeway Regional Medical Center’s counterclaim against Pillsbury client Dr. Robert Van Boven for breaching a 2016 settlement agreement resulting from a series of disputes in connection to Van Boven’s whistleblower claims about the hospital’s quality of care.

LRMC claims that Van Boven breached the agreement by making statements forbidden under a “No Defamation” provision and by filing a lawsuit against the medical center after “presumably releasing the hospital of prior claims.”

Pillsbury Litigation partner Casey Low represents Van Boven and responded to LRMC’s counterclaim by filing a motion to dismiss. Low argued that the claims have no merit because none of the Van Boven’s statements about LRMC are defamatory under Texas law, which would require the statements to be both malicious and false, and because LRMC cannot produce proof of damages caused by Von Boven’s statements.

The arguments were heard by Judge Amy Clark Meachum, who has until March 9 to rule on the matter.