NY Doctor Fails to Show Email ‘Gamesmanship’ in Retaliation Suit

A New York doctor failed to convince an appeals court to reinstate his claim that Montefiore Health Systems Inc. and others unlawfully failed to produce evidence in his false claims retaliation suit.

Dan Giurca didn’t show Montefiore’s failure to share an email during discovery was intentional as opposed to inadvertent, the US Court of Appeals for the Second Circuit said in a nonprecedential Wednesday opinion.

Granting Giurca’s request to reopen the suit required showing misconduct that went beyond the simple nondisclosure of an email, the opinion said.

Giurca sued Montefiore and three physicians in 2018 at the US District Court ...