Robinson

The only issue raised in this case is the appropriateness of a discovery sanction that terminated the case and imposed judgment.

Facts

Harrell Robinson, M.D., and Providence Ambulatory Surgery Center, Inc. were part of a huge, lucrative, fraudulent scheme to solicit patients, perform surgeries, and submit fraudulent billings to insurance companies. We described the scheme in a related appeal:

.After the insurance companies sued him, Dr. Robinson filed for bankruptcy. In another disposition, we affirmed the district court’s sanctions against Dr. Robinson and his attorney, Roy Dickson, for misconduct and bad faith in connection with the filing and prosecution of the bankruptcy petition. Dr. Robinson had “failed to disclose his ownership of real property, incorrectly reported the value for his residential property, and failed to include Cigna as a creditor in its schedules,” and both Robinson and Dickson “knowingly deceived the court and acted in bad faith” by submitting “perjured declarations, fabricated evidence and frivolous pleadings.” This appeal is a continuation of that pattern.

The insurance companies who are plaintiffs and appellees brought this case as a RICO action…