A final ruling recently came out regarding the Hobson case. The
ruling, as well as all other filings in federal cases against OCA, is
available on Pacer, the U S Court data base. <www.psc.uscourts.gov.>
Pacer is aimed at members of the legal profession, but anyone can
register to retrieve documents at 8 cents a page.
Dr. Hobson sued OCA in 2002, alleging several improprieties on the
part of the company. Following a trial in 2004, the jury found that
OCA had systematically and deliberately added a "10% markup"
to "corporate allocations charges" levied against Hobson, thereby
breaching his contract and excusing him from further performance
under his Business Services Agreement.
The trial court ordered Hobson to reimburse OCA for rent paid by OCA
between the filing of litigation by the doctor and conclusion of the
trial. They also allowed Hobson the option of purchasing the office
furniture, fixtures and equipment at their depreciated value, and
reminded Hobson of his past agreement to pay the Promissory Notes of
something under $100K.
OCA did not challenge the finding of Breach of Contract, but did
appeal the award of attorneys' fees, claiming that they were the net
dollar winner in the final judgment. Per federal court rules, in
order to appeal, they were required to post a bond in the amount of
125% of the attorneys' fee award. The appeals court ultimately ruled
in favor of Hobson.
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