Overview

Co-lead of the firm’s Managed Care Litigation practice group, Katherine is a commercial litigator whose practice focuses on managed care, employee welfare benefits and group insurance litigation. For over fifteen years, Katherine has represented managed care companies in business and health care disputes, as well as group insurers, employers and third-party administrators in disputes involving health, disability, life and AD&D benefits, including ERISA and insurance bad faith claims.

As part of her managed care practice, Katherine routinely handles business-practices and provider-prompt-pay disputes in court and arbitration proceedings. These matters often involve claims arising out of managed care agreements, third-party administrative services contracts, out-of-network reimbursement or claims handling practices, verification of coverage or benefits, and plan coverage provisions. In handling these disputes, Katherine defends claims based on alleged ERISA violations, breach of contract, quantum meruit, breach of fiduciary, insurance code violations, fraud, misrepresentation and other torts. Katherine has developed the claims data management skills necessary to litigate the hundreds or thousands of medical claims often at issue in managed care cases, and has worked with a variety of experts on medical coding and billing issues. Relatedly, Katherine has handled overpayment and fraudulent billing practices claims brought by third-party payers against health care providers.

As part of her employee/group-insurance benefits practice, Katherine is experienced in ERISA benefits litigation, including standard-of-review, preemption, standing, and discovery issues in those cases. In addition to ERISA, Katherine is familiar with related regulatory schemes, such as the ACA and COBRA, and has significant experience in state group insurance regulations.

Katherine has also represented health insurers and other clients in suits involving medical negligence and personal injury claims under theories of direct and vicarious liability.

In addition to her trial court practice, Katherine represents clients in federal and state courts of appeal. She has presented oral argument in the United States Court of Appeals for the Fifth Circuit, and Texas Courts of Appeal. The issues in these appeals have included jurisdictional challenges, successor and contractual liability, and ERISA standard-of-review and benefits-decision defenses.

Experience

Katherine’s representative experience includes:

  • Defending managed care companies in multimillion-dollar suits over alleged mishandling of out-of-network claims and in arbitrations regarding contractual disputes with health care providers.
  • Recovering overpayments from health care providers on medical claims paid as a result of fraudulent or improper billing practices.
  • Obtaining summary judgment in favor of health plan insurers/administrators against out-of-network providers on their ERISA claims, including claims for benefits and alleged ERISA violations.
  • Obtaining dismissal of a putative class-action over ERISA medical benefits in federal court.
  • Defending insurance bad faith claims in state court.
  • Obtaining summary judgment on various claims for life, AD&D and disability benefits.

Accolades

Honors & Recognitions

  • Recognized as a Best Lawyer for Commercial Litigation, The Best Lawyers in America, 2024
  • Named a Future Star, Texas, Benchmark Litigation, 2012-2024

Affiliations

Professional

  • Houston Bar Association
  • World Affairs Council of Houston
  • National Association of Women Lawyers
  • 2012 Fellow, Leadership Council on Legal Diversity
  • Federal Bar Association

Insights

Events & Speaking Engagements

  • "ERISA 101: Dissecting the Fundamentals for Managed Care Litigators," presented at the American Conference Institute's 5th Annual Advanced Forum on Managed Care Disputes and Litigation pre-conference workshop (May 14, 2014)
  • "Dissecting ERISA for Managed Care Litigators: Making Strategic Arguments Based on Inconsistent and Evolving Legal Standards," presented at the American Conference Institute's Advanced Forum on Managed Care Disputes and Litigation (May 23, 2012)
  • "ERISA Preemption: Successful Strategies Within the Evolving Law," presented at the American Conference Institute's 2nd Advanced Forum on Managed Care Disputes and Litigation (November 8, 2011)
  • July 22, 2020
    Event
    Speaker
    11th Annual Advanced Forum on Managed Care Disputes and Litigation, American Conference Institute (ACI) Webinar
  • May 13, 2020
    Event
  • November 3, 2017
    Event
    Healthcare Related ERISA Litigation: Addressing the Uptick in Medical Provider Claims, and Litigation Arising from the intersection of ERISA and ACA, presented at American Conference Institute’s 15th Annual National Forum on ERISA Litigation
  • May 14, 2014
    Event
    ERISA 101: Dissecting the Fundamentals for Managed Care Litigators, presented at the American Conference Institute’s 5th Annual Advanced Forum on Managed Care Disputes and Litigation pre-conference workshop

Publications

News

Education

JD, University of Houston Law Center, cum laude, Order of the Barons, 1999

BA, The University of Texas, 1991

Admissions

Texas

Courts

US District Court, Northern District of Texas

US District Court, Southern District of Texas

US District Court, Eastern District of Texas

US District Court, Western District of Texas

US District Court, Western District of Oklahoma

US District Court, Northern District of Oklahoma

US District Court, Eastern District of Oklahoma

US Court of Appeals, Fifth Circuit

US Court of Appeals, Tenth Circuit

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