Attorneys for Life Care Centers of America are asking in a 20-page motion that its founder and still leader, Forrest Preston, not be made a defendant in a False Claims Act lawsuit in Federal Court.
The motion says the government "seeks to change the nature and scope of this case seven years after the government began investigating the facts and documents" in the case.
Judge Sandy Mattice is set to rule in the case after also hearing from the government.
The government said, as it further looked into the case, that Mr. Preston, a Cleveland, Tn., billionaire, had been intricately involved in the company's operation. It says, as it further looked into the facts, it found that Mr. Preston had been "unjustly enriched" by the alleged false claims.
Saying there had been "extraordinary delay" in filing the motion, attorneys said the government "should not be allowed to de-rail" this case.
The motion says allowing the amendment of the case would result in "prolonging resolution of the case; requiring discovery to be re-opened and repeated; and prompting reexamination of every previous order in this case."