The judge in the New Orleans Bankruptcy Court FINALLY delivered a
ruling in the case of Dr. Bush, which took place March 5 - 14. This
supposed to be the prototype for all other trials in Judge Brown's
court. For anyone interested in the entire 37 page ruling, it's
probably available on Pacer, or soon will be.
The judge found that:
1. OCA breached its contract with Dr. Bush.
2. The OCA contract is not illegal under Georgia law. (That's not
too surprising - Georgia is much more relaxed than many other
states regarding the unlicensed practice of dentistry. There are
other cases which also found that OCA was not in violation
there.)
3. The statement by Bart, Sr., in the SEC filing that OCA was
"partner" with all its affilited doctors was in the opinion of
the judge"an aberration." (The District Court judge in
Michaelson in Illinois found that same statement a compelling
admission of partnership! Go figure!)
4. Dr. Bush owes OCA $3.5 million, less a credit of $75,000.
I haven't checked OCA's website blog yet, but I'm sure this will be
appearing soon in an attempt to frighten other doctors into
submission. I wouldn't be surprised at an appeal, as personally, I
find the New Orleans bankruptcy judge to be rather biased in favor of
OCA. Once Dr. Bush's lawyers have had a chance to review the ruling
in detail, perhaps we'll have a better idea of the next move?
I'm reminded of the joke about what you call a judge with an IQ of
45? (Answer: "your honor.")
The forgoing is purely personal opinion, based on an admitted anti-
OCA bias.