Cancer court battle has capital connections

A bitter legal battle is now before Chief U.S. District Judge Mark Walker, pitting the state and a group of physicians against one of Florida’s largest cancer-treatment firms.

And let’s just say some serious legal firepower has been deployed.

The dispute centers on non-compete restrictions that 21st Century Oncology placed on physicians who worked for the firm.

The physicians initially sued to fight the restrictions but got help when Sen. Anitere Flores, a Miami Republican, included a provision in a sweeping health-care bill to fix their problems by retroactively nullifying the restrictions.

21st Century Oncology cried foul and sued in federal court after Gov. Ron DeSantis signed the bill, a priority of House Speaker Jose Oliva, a Miami Lakes Republican.

The lawsuit was placed on a fast track, but there have been interesting developments in the past few weeks. The secretary of state, the named defendant, tried to get the case dismissed, but Walker ruled that parts of the lawsuit could proceed.

The state appealed Walker’s ruling this week. But Walker held a hearing Friday on a request for a preliminary injunction filed by 21st Century Oncology.

While the case involves millions of health-care dollars, it also shows how everything in Tallahassee is intertwined.

U.S. Sen. Rick Scott, the former Republican governor, had made investments with a private equity firm that invested in 21st Century Oncology.

Now, 21st Century is being represented by a suite of lawyers, including Tim Cerio, Scott’s former general counsel, and George Levesque, who used to be general counsel for the Florida Senate. Both are with the GrayRobinson firm.

James Orr, a physician who served on the Board of Medicine until being replaced Thursday, is affiliated with 21st Century Oncology and testified in favor of the cancer firm’s  lawsuit on Friday.

Orr earns “seven figures” from 21st Oncology, according to testimony provided in court.

And one of the doctors fighting the lawsuit has former Florida Supreme Court Justice Raoul Cantero, now with White & Case, on his team.

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Republished with permission of The News Service of Florida.