Overview

Darcie Thompson is a West Palm Beach litigation attorney who assists clients in the investigation and litigation of complex healthcare fraud and related schemes. Ms. Thompson also focuses on litigating cases involving the Employee Retirement Income Security Act (ERISA).

Ms. Thompson has a significant background in a wide range of substantive areas and industries, including ERISA, commercial contracts, employment, antitrust, financial services, energy, Florida statutory violations and business torts. In addition, Ms. Thompson has considerable experience litigating cases in federal district courts in various jurisdictions.

Prior to entering private practice, Ms. Thompson served as a law clerk for the Honorable John McBryde of the U.S. District Court for the Northern District of Texas. While in law school, she was a judicial intern for the Honorable Elizabeth A. Kovachevich of the U.S. District Court for the Middle District of Florida.

Experience

  • Investigated and litigated complex healthcare fraud schemes throughout all types of medical and behavioral healthcare, including schemes involving toxicology laboratories, substance use disorder treatment facilities, behavioral therapy facilities, durable medical equipment suppliers and medical practices; included patient brokering, kickbacks and various multifaceted schemes designed to exploit insurance benefits and patients, and to defraud insurers, claims administrators and employee benefit plans
  • Defended sizeable insurance company in federal court against claims from healthcare providers seeking more than $100 million relating to payment for services pursuant to employee benefit plans and various state and federal statutes; asserted counterclaims under the Florida Deceptive and Unfair Trade Practices Act (FDUTPA), common law and ERISA against the plaintiffs as well as additional participants in the scheme; obtained a highly favorable settlement for the client
  • Defended multimillion-dollar claims asserted against large insurer and claims administrator by toxicology laboratory and obtained dismissal of complaint in full; then, asserted and litigated affirmative fraud-related claims against the laboratory and affiliated individual and treatment facility;  obtained final consent judgment on counterclaim against the plaintiff for full amount of damages, more than $4.8 million
  • Defended claims of substance use disorder facility against claims administrator in federal court; argued motion to dismiss plaintiffs' complaint and obtained dismissal with prejudice of complaint seeking several million dollars in insurance benefits  
  • Investigated behavioral therapy company's scheme to exploit insurance benefits of children receiving applied behavioral analysis and secured favorable pre-litigation result for client 
  • Obtained summary judgment in favor of nation's largest property and casualty insurance company on claims regarding fraudulent licensure and ownership, among other issues
  • Represented a sizeable municipality in prosecuting multimillion-dollar fraud and contract claims

  • Defended claims administrators and insurers against ERISA claims brought as mass actions relating to recovery of plan benefits, fiduciary duty claims, other ERISA statutory violations and claims handling procedures; prosecuted civil claims on behalf of large insurance companies and claims administrators against entities and individuals engaged in complex and large-scale fraudulent schemes in the healthcare, substance abuse and automobile insurance industries
  • Defended claims by substance use disorder treatment facility seeking approximately $1.6 million in health benefits for dozens of plan participants under ERISA § 502(a)(1)(B), and also alleging breach of fiduciary duty, denial of full and fair review; obtained dismissal of complaint in full following oral argument on motion to dismiss
  • Defended claims by laboratory seeking to recover more than $12 million in benefit payments under ERISA, alleging breach of fiduciary duty under ERISA and alleging violation of the Mental Health Parity and Addiction Equity Act of 2008 (MHPAEA); obtained dismissal of complaint in its entirety; asserted counterclaims against laboratory, owner and affiliated healthcare facility seeking nearly $5 million in damages; obtained a consent judgment against one party for the full amount of damages and a favorable settlement with another party
  • Defended claims seeking injunctive relief, disclosure of plan documents and civil penalties on behalf of dozens of plan participants and beneficiaries under ERISA §§ 104, 502(c)(1)(B), 502(a)(3) and 503, and obtained dismissal of complaint with prejudice
  • Defended claims seeking more than $100 million in benefits plus injunctive relief, including claims for recovery of benefits for thousands of plan participants and beneficiaries, claims attacking claims administrators' adjudication practices and claims alleging breach of fiduciary duty brought by toxicology laboratory and affiliated healthcare facilities; asserted counterclaims under ERISA as well as common law and state statutes; obtained settlement on highly favorable terms for client 

  • Defended a lending institution against claims seeking more than $10 million related to mortgage-backed securities in massive multi-defendant litigation

  • Defended an investment advisory firm against claims for securities violations, breach of contract, and breach of fiduciary duty

Credentials

Education
  • Stetson University College of Law, J.D., magna cum laude
  • University of Notre Dame, B.A., cum laude
Bar Admissions/Licenses
  • Florida
  • Texas
Court Admissions
  • All State Courts in Florida
  • All State Courts in Texas
  • U.S. District Court for the Southern District of Florida
  • U.S. District Court for the Middle District of Florida
  • U.S. District Court for the Northern District of Texas
Memberships
  • Federal Bar Association
  • Notre Dame Women Connect, Palm Beaches Chapter, Chair
  • Notre Dame Monogram Club
  • Stetson Law Review, Editorial Board 2010-2012
  • Stetson Moot Court Board, 2010-2012

Publications

News