Scott V. Papp

Scott V. Papp

Associate

914-733-7257
spapp@lowey.com
Office

Scott V. Papp focuses his practice on securities fraud litigation, shareholder rights, whistleblower actions and complex commercial litigation in federal and state courts.

Mr. Papp is a member of the Lowey team prosecuting a securities class action in Tennessee against Community Health Systems, Inc. (Norfolk Retirement Sys. v. Community Health Sys., 11-cv-0433 (M.D. Tenn). Mr. Papp’s other notable securities fraud cases include MMI Investments L.P. v. NDCHealth Corporation, 05 Civ. 4566 (S.D.N.Y) (successful recovery for a client who opted-out of a class action) and In re Philip Services Corp. Securities Litigation, 98 Civ. 835 (AKH) (S.D.N.Y.) (securities fraud class action recovering $79.75 million). Mr. Papp also successfully litigated multiple appraisal actions in Delaware state court, including Dolphin Financial Partners LLC et al. v. Docucorp International, Inc., Case No. 3026 VCN (Del. Ch.) and Millenco L.P., et al. v. Lone Star Steakhouse & Saloon, Inc., C.A. No. 2718-VCS (Del. Ch.).

Mr. Papp also successfully represented Aetna, Inc. where he defended the company through an appeal to the United States Court of Appeals for the 11th Circuit, resulting in the dismissal of nationwide class action with no liability. Main Drug, Inc. v. Aetna U.S. Healthcare, 475 F.3d 1228 (11th Cir. 2007). Prior to the appeal, Mr. Papp provided assistance in making new law under the Class Action Fairness Act of 2005 (“CAFA”), by twice sustaining removal of this class action case from Alabama state court to federal court, notwithstanding that the complaint had been filed before CAFA was enacted. Main Drug, Inc. v. Aetna U.S. Healthcare, 455 F. Supp. 2d 1323 (M.D. Ala. 2006) and 455 F. Supp. 2d 1317 (M.D. Ala. 2005). Mr. Papp currently represents Aetna in state and federal courts in disputes with healthcare providers.

In addition, Mr. Papp’s practice includes representing whistleblowers in healthcare qui tam litigation. Recently, he successfully prosecuted a Medicare and Medicaid False Claims Act action on behalf of a physician which led to a $22.4 million settlement, one of the largest in New York State history against a home healthcare company. United States ex rel. Susan Vierczhalek, et al. v. Trinity HomeCare, LLC, et al., 09-cv-3919 (July 17, 2015 S.D.N.Y.). Mr. Papp is currently representing a whistleblower in a False Claims Act case in the Middle District of Pennsylvania against one of the largest network of anesthesiologists in the United States, where the court recently denied the defendant’s attempts to dismiss the complaint. See United States Of America, ex rel. Michael S. Lord, v. NAPA Management Services Corporation, North American Partners In Anesthesia (Pennsylvania), LLC, Civ. 3:13-2940, 2017 WL 5450757 (M.D. Pa. Nov. 14, 2017).

Mr. Papp also represents clients in complex real estate litigation. For example, he represented a limited partner to a real estate development firm in an arbitration proceeding before the American Arbitration Association where he obtained a multi-million dollar judgment representing the entire requested damages, including 9% statutory interest covering over two years of litigation. Lassiter v. 1400 5th Commercial, LLC, et al., Index No. 652867/2013 (Sup. Ct. N.Y. County) (action to confirm arbitration award). In addition, he prosecuted a complex landlord-tenant class action in In re Archstone Westbury Tenant Litigation, Index No. 21135/07 (Sup. Ct. Nassau County) where he succeeded in remanding a putative class action back to New York state court based on a hotly contested exemption under CAFA. Sorrentino v. ASN Roosevelt Center, LLC, 588 F. Supp. 2d 350 (E.D.N.Y. 2008).

Prior to joining Lowey Dannenberg, Mr. Papp clerked for Honorable Arthur A. Hiller and the Honorable William B. Lewis in the Superior Court of Connecticut, Stamford Judicial District. In addition, Mr. Papp interned at the United States Attorney’s Office for the Southern District of New York and the United States Securities and Exchange Commission’s Northeast Regional Office during law school.

Mr. Papp was awarded the Clinical Service Achievement Award in recognition of his outstanding service to Pace’s Securities Arbitration Clinic, where he successfully represented investors before the National Association of Securities Dealers (now known as FINRA).

Mr. Papp is a member of the New York City and New York County Bar Associations.

Education:

B.A. State University of New York at Albany

J.D. Pace Law School, cum laude

Bar/Court Admissions:

New York and Connecticut; and is a member of the bars of the U.S. Courts of Appeals for the Second and Eleventh Circuits, and the U.S. District Courts for the Southern, Eastern and Western Districts of New York.

More than 50 years of landmark results.