Insights

Irvine, Calif. – January 15, 2026: Crowell & Moring today announced the addition of experienced trial attorney Joshua Robbins as a partner in the Orange County office, strengthening its market-leading health care litigation team and further expanding the firm’s ability to handle complex health care fraud cases. Robbins is a highly accomplished litigator with extensive courtroom experience in both the public sector as an assistant U.S. attorney in Southern California, and in private practice, where he regularly engages in “bet-the-company” litigation on behalf of sophisticated clients and high-profile individuals.

A recent decision by the United States Court of Appeals for the Fifth Circuit, Farmers Texas County Mutual Insurance Co. v. 1st Choice Accident & Injury, LLC, No. 24-20275 (5th Cir. Feb. 24, 2026), offers important lessons for health care payors and other potential plaintiffs considering civil claims under the federal Racketeer Influenced and Corrupt Organizations Act (RICO). Although the Fifth Circuit’s decision focused on a procedural issue, the underlying case turned on a fundamental pleading failure: the plaintiff insurers did not adequately describe the fraudulent network they were suing as a RICO “enterprise.” The result was dismissal of a $14 million fraud case.