Case Summaries

Antitrust Litigation and Consulting

Info Tech's Consulting Division performed liability and damage analyses of school milk bid rigging in 14 states throughout the 1980's and 1990's. Dr. McClave testified in both depositions and trials, and states recovered hundreds of millions of taxpayer dollars. One state, Florida, had what was the largest recovery for a single state bid rigging conspiracy investigation in antitrust history: $33.5 million.

The Consulting Division has performed liability and damage analyses for dozens of highway bid-rigging cases since 1980. Most settled, but in Colorado a series of cases went to trial. Dr. McClave testified on both liability and damage issues on behalf of the Colorado Attorney General. Plaintiffs prevailed in each case.

A damage analysis was performed on behalf of Michelin Tires with respect to a claim of market foreclosure in the manufacturing and sales of retread truck tires. Dr. McClave prepared reports and affidavits, was deposed, and the case ultimately settled.

The Consulting Division performed a damage analysis on behalf of class plaintiffs in an antitrust conspiracy case alleging price fixing among the three largest US polypropylene carpet manufacturers, Mohawk, Shaw and Beaulieu. Dr. McClave prepared reports and affidavits, and was deposed. At the conclusion of a four-day Daubert hearing, the court upheld the validity of Dr. McClave's methodology of determining damages [see In Re Polypropylene Carpet Litigation, 93 F. Supp. 2d 1348 (ND Ga. 2000)]. Upon denial of the defendants' summary judgment motion, the case settled.

Biostatistical/Environmental Consulting and Litigation

Since the early 1990's Info Tech has been involved in the regulation of water in the Everglades region. This work has included developing models to help manage runoff, studying factors that impact and correlate with phosphorous, determining areas and levels which constitute background conditions, and developing statistical models needed to manage and regulate phosphorus levels. Much of our work has been presented in Federal court and before the Environmental Regulatory Commission.

Info Tech designed a sample survey to determine the extent of litter on the roadways and beaches of Florida. After the initial survey design, our analysis of the data that was collected helped to show why litter had increased at certain sites over others, such as close to an intersection or convenience store. The study was conducted over several years to measure the change in litter rates over time.

Info Tech has performed epidemiological analyses regarding relative risks, cessation rates, and other statistical issues associated with smoking cigarettes. Dr. McClave has testified on behalf of defendants in two cases brought by individual smokers. The jury found for the defendants in both cases.

Business Valuation

Info Tech performed a liability and damage analysis regarding the alleged improper termination of beer distributor Maris Distributing. Our analysts utilized historical company financials, industry reports, and national and local market trends to evaluate past performance and calculate the company's fair market value. Dr. McClave was deposed and testified at trial, where the jury found for the plaintiff and awarded $50 million.

Info Tech calculated the loss of value on behalf of a small business impacted by the failure of a software development company to deliver a web-based system. The business plan was delayed by approximately two years, resulting in an estimated loss of millions of dollars in sales. The final settlement enabled the business to continue with their original plan.

Employment and Labor

Performed a liability analysis regarding age discrimination in the defense weapons industry.

Performed damage analysis for sexual harassment and construction discharge for a case against an entertainment company and the geographic district in which the company resides.

Performed liability and damage analyses for gender and age discrimination allegations against a technical university.

Health Care Fraud

In U.S. vs. Dr. Gustavo E. Coll, Info Tech designed a Medicare claims sampling procedure and estimated the alleged total Medicare overpayments received by the defendant. Dr. McClave testified at the sentencing hearing and his statistical calculations were accepted by the Federal court and used as a basis for sentencing.

In 1991, Info Tech began working with the State of Florida's Medicaid Program Integrity Unit to develop, test, and assist in the implementation of statistical methodologies to detect and measure fraud and abuse of the Medicaid program. These methods are still in use today and have withstood a number of legal challenges.

In 2000, Info Tech served on an Advisory Committee with the U.S. Attorney's Office in Miami, regarding the update of HCFA's guidelines for statistical sampling and the estimation of overpayments when performing Medicare audits of health care providers.

Property Tax Assessment

In the matter of CSX Transportation, Inc., Plaintiff, v. The Board of Public Works of the State of West Virginia, et al., Defendants, Info Tech was hired by the State of West Virginia to provide statistical analyses of the Board's assessment of utility property tax for tax year 2000. In his April 8, 2004 opinion, Judge Joseph R. Goodwin of the United States District Court for the Southern District of West Virginia found Dr. James T. McClave's methodology superior to that presented by the plaintiff's statistical expert. The court found that the level of assessment of non-railroad commercial and industrial property in West Virginia was properly calculated by the Board's expert, Dr. McClave.

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