Kevin D. Bradberry

Experience

Healthcare

• Represented multi-hospital health system in breach of contract action alleging that national insurer improperly applied Medicare payment policies to commercial outlier claims. Won judgment in favor of client after trial, defeated insurer’s counterclaim in its entirety, and secured return of all challenged underpayments.
• Represented several multi-hospital health systems in litigation and arbitrated disputes with payors concerning provision of “out of network” emergency services and “usual, customary, and reasonable” charges disputes.
• Lead counsel in civil action against an ophthalmology provider accused of overbilling and providing medically unnecessary eye procedures.
• Represented personal care home provider in appealing denial of enrollment in state Medicaid program.

Commercial

• Represented client in successful defense of nationwide claims by competitor for tortious interference, racketeering, and theft of trade secrets.
• Represented client in litigation, motions practice, and, ultimately, mediation in successfully resolving international shipping container dispute.

Education

• Counsel for Georgia Professional Standards Commission in civil prosecution of DeKalb County educators accused of widespread cheating on 2009 CRCT standardized testing.
• Appeared as co-counsel for the State of Georgia in 2013 administrative law judge hearings on the governor’s removal of the DeKalb County School Board.

Real Estate / Construction

• Represented client in investigation of, and response to, allegations of improper discharge and violating Best Management Practices (BMP).
• Represented client in pursuing breach of contract claim regarding creation of water-infiltration galleries at Superfund site.
• Represented commercial landlord in breach of contract case concerning tenant’s violation of use restrictions.

Employment

• Represented client in arbitration defense of company executive’s breach of employment agreement claim and demand for severance benefits, including prosecution of client’s counterclaim for breach of fiduciary duty and fraud.
• Advised client in responding to potential whistleblower dispute.
• Represented client in securing arrest warrant for theft by employees.

Appellate

• In the Georgia Supreme Court, represented Fulton County Superior Court judge in successful defense of the trial court’s dismissal of petition to issue the extraordinary writ of mandamus.
• Counsel to State of Georgia in successful appeal of a DUI roadblock case establishing that the objective appearance of a roadblock supersedes a motorist’s interpretation.

Memberships

• Federal Bar Association, Atlanta Chapter
• American Bar Association
• Georgia Bar Association
• American Health Lawyers Association
• Bleckley Inn of Court: Barrister (2016 to 2018)