The suit, which was originally filed in 2011, alleges ML engaged in false advertising, tortious interference, violations of the Stark Law and Anti-Kickback Statute, and performance of unnecessary tests, among other things.
It took a detour in December 2013 when Ameritox accused ML president Howard Appel and EVP of Sales Elizabeth Peacock of “destroying evidence and improperly concealing relevant evidence through improper document redaction.”
Ameritox claimed ML’s actions “irreparably harmed” its case against ML, and asked the court to find in favor of Ameritox in the underlying dispute, award it (Ameritox) attorney’s fees, and compel ML to pay for a special investigator to determine the full extent of ML’s “destruction and concealment of evidence.”
ML fired back the following month and denied the allegations, claiming Ameritox advanced them in a “last-gasp attempt to avoid litigating the merits of its groundless claims.”
The hearing on Ameritox’s motion was held on February 4, 2014, and the judge denied the motion on February 26, 2014.