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Health Care Law
 
Bannum, Inc. and Christopher Tovar d/b/a Tovar Construction Company v. Eugene Mees d/b/a Encore House

This case is all about betting on the come and the pitfalls inherent in doing that. Bannum, Inc. contracted with Eugene Mees to buy the latter’s building. The contract was contingent upon Bannum 1) winning a bid with the Bureau of Prisons (BOP) to provide a half-way house for convicted individuals and 2) beginning the performance of

2

those services; that is, if either contingency ... More...
   $0 (06-24-2014 - TX)

Holly Stroth, Personal Representative of the Wrongful Death Estate of Gary Carl Stroth v. North Lincoln County Hospital District, d/b/a Star Valley Medical Center

[¶1] This case involves a claim arising under the Wyoming Governmental Claims Act
(WGCA), Wyo. Stat. Ann. §§ 1-39-101 through -121 (LexisNexis 2009). Appellant,
Holly Stroth, as personal representative of the estate of the decedent, Gary Carl Stroth,
filed a wrongful death action against the North Lincoln County Hospital District (d/b/a
Star Valley Medical Center), the Town of T... More...
   $0 (06-23-2014 - WY)

United States of America v. Cruz Sonia Collado

Miami, FL - The owner and operator of Nestor’s Health Services, Inc. (Nestor HH), a now-defunct Miami home health care agency, pleaded guilty today in connection with a $6.5 million health care fraud scheme.

U.S. Attorney Wifredo A. Ferrer of the Southern District of Florida, Acting Assistant Attorney General Leslie R. Caldwell of the Justice Department’s Criminal Division, Special Ag... More...
   $0 (06-23-2014 - FL)

Arshavir Iskanian v. CLS Transportation Los Angeles, LLC

In this case, we again address whether the Federal Arbitration Act (FAA) preempts a state law rule that restricts enforcement of terms in arbitration agreements. Here, an employee seeks to bring a class action lawsuit on behalf of himself and similarly situated employees for his employer‘s alleged failure to compensate its employees for, among other things, overtime and meal and rest periods. Th... More...   $0 (06-23-2014 - CA)

William Hicks v. Central Oklahoma United Methodist Retirement Facility, Inc. d/b/a Epworth Villa Health Services

William Hicks v. Central Oklahoma United Methodist Retirement Facility, Inc. d/b/a Epworth Villa Health Services

Issue # 1.
Issue: NEGLIGENCE (GENERAL) (NEGL)
Filed by: Hicks, William
Filed Date: 10/28/2011
Party Name: Disposition Information:

Plaintiff: Hicks, William
Disposed: JUDGEMENT ENTERED, 06/20/2014. Judge.

Findings of Fact and Conclus... More...
   $13500000 (06-20-2014 - OK)

United States of America v. Michael Mendoza

Miami, FL - A former patient recruiter pleaded guilty today in Miami, Florida, for his role in a $205 million Medicare fraud scheme.

U.S. Attorney Wifredo A. Ferrer of the Southern District of Florida, Assistant Attorney General Leslie R. Caldwell of the Justice Department’s Criminal Division, Special Agent in Charge George Piro of the FBI’s Miami Field Office and Acting Special Agent... More...
   $0 (06-19-2014 - FL)

In re Marriage of Iris Turk and Steven Turk

¶ 1 The issues in this case are (1) whether section 505 of the Illinois Marriage and Dissolution of Marriage Act (750 ILCS 5/505 (West 2012)) permits a trial court to award child support to a noncustodial parent and (2) if so, whether the circuit court abused its discretion when it awarded $600 per month in child support to the noncustodial parent here in addition to requiring the custodial paren... More...   $0 (06-19-2014 - IL)

United States of America v. Lizette Garcia

Miami, FL - An office worker pleaded guilty today in connection with a health care fraud scheme involving Anna Nursing Services Corp. (Anna Nursing), a defunct home health care company.

U.S. Attorney Wifredo A. Ferrer of the Southern District of Florida, Assistant Attorney General Leslie R. Caldwell of the Justice Department’s Criminal Division, Special Agent in Charge George L. Piro of... More...
   $0 (06-18-2014 - FL)

PM Management-Wurzbach NC, LLC d/b/a Trisun Care Center Wurzbach v. Steven Vernon Armstrong, As Administrator of the Estate of Helen Armstrong, Deceased, and Steven Vernon Armstrong on Behalf of Michael Darrell Armstrong, an Incapacitated Person and Sole Wrongful Death beneficiary of Helen Armstrong, Deceased

This is an accelerated appeal from the trial court’s order denying appellant PM Management — Wurzbach NC, LLC d/b/a Trisun Care Center Wurzbach’s (“Trisun”) motion to dismiss pursuant to Section 74.351(b) of the Texas Civil Practice and Remedies Code. We affirm the trial court’s judgment.

04-14-00064-CV

BACKGROUND

The underlying suit is a health care liability clai... More...
   $0 (06-18-2014 - TX)

Jeffrey D. Smith v. Jason Wall, D.D.S

Jeffrey D. Smith appeals from a district court final judgment dismissing, for failure to serve the expert report required by the Medical Liability Act (MLA), a health care liability claim he asserted against Jason Wall, D.D.S. We will reverse the district court’s judgment and remand for further proceedings.

BACKGROUND

Smith filed the underlying suit alleging that Wall committed pro... More...
   $0 (06-18-2014 - )

Saint Alphonsus Diversified Care, Inc. v. MRI Associates, LLP

This is an appeal out of Ada County by Saint Alphonsus Regional Medical Center from a jury verdict awarding damages totaling $52,084,513 against it for breach of contract and tortious conduct regarding MRI Associates, LLP, and its two limited partnerships that owned and operated magnetic resonance imaging scanners. The respondents also cross-appealed the $4.6 million judgment obtained by Saint Alp... More...   $0 (06-17-2014 - ID)

Keeya Malone v. California Bank & Trust

Plaintiff and petitioner Keeya Malone brought the instant wage and hour action against her former employer, defendant and real party in interest California Bank & Trust (CB&T).1 CB&T moved to compel arbitration, pursuant to a clause in its employee handbook. Malone opposed the petition arguing, inter alia, that the arbitration agreement was unconscionable. CB&T responded that the arbitration agree... More...   $0 (06-17-2014 - CA)

Memorial Hermann Hospital System d/b/a Memorial Hermann Southwest Hospital v. Jewell Hayden

In this interlocutory appeal,1 Memorial Hermann Hospital System d/b/a Memorial Hermann Southwest Hospital appeals a trial court’s order denying its

1 See TEX. CIV. PRAC. &REM. CODE ANN. § 51.014(a)(9) (West Supp. 2013).

2

motion to dismiss Jewell Hayden’s slip-and-fall claim arising out of an injury she suffered while she was assisting a patient at the hospital. The... More...
   $0 (06-17-2014 - TX)

In the Interest of K.N.D. a Child

Appellant A.D. appealed the trial court’s decree terminating her parental rights to her daughter, K.N.D. In three issues, A.D. argued that the evidence was insufficient to support the termination of her parental rights and the appointment of the Texas Department of Family and Protective Services as sole managing conservator.

2

Following prior precedents of this court, we previously... More...
   $0 (06-12-2014 - TX)

Marissa Rea v. Blue Shield of California

In 1999, the Legislature enacted the California Mental Health Parity Act (Health & Saf. Code, § 1374.72)1 (Parity Act) to address the imbalance between medical coverage for physical illnesses and mental illnesses. The Parity Act mandated that every health care service plan contract “provide coverage for the diagnosis and medically necessary treatment of severe mental illnesses . . . under the s... More...   $0 (06-10-2014 - CA)

Lori Chlouber v. Allie Home Health Services, Inc., Sharon Hulin and Kristi Van Hooser Gavlik

Lori Chlouber v. Allie Home Health Services, Inc., Sharon Hulin and Kristi Van Hooser Gavlik

Issue # 1.
Issue: BREACH OF AGREEMENT - CONTRACT (CONTRACT)
Filed by: CHLOUBER, LORI
Filed Date: 05/03/2010
Party Name: Disposition Information:

Defendant: ALLIED HOME HEALTH SERVICES INC
Disposed: DISMISSED - SETTLED, 06/09/2014. Judge.

Defendant: HOO... More...
   $1 (06-09-2014 - OK)

Willie Atkins v. Robert Herrera and Brad Livingston

In appellate cause numbers 10-13-283-CV and 10-13-284-CV, appellant, Willie Atkins, challenges the trial court’s dismissal of his claims as frivolous. We affirm.

I. BACKGROUND

During all relevant times, appellant has been incarcerated at the Pack, Estelle, and Stiles Units in the Institutional Division of the Texas Department of Criminal Justice. On April 23, 2013, and May 10, ... More...
   $0 (06-09-2014 - TX)

Bioderm Skin Care, LLC v. Veasna "Sandee" Sok

Caroline Clore Block, Diana L. Faust, Elizabeth M. Fraley, Kyle M. Burke, R. Brent Cooper, Richard Clark Harrist, for Petitioners. Coury Matthews Jacocks, Matthew Sharp, for Respondent.

This Court has addressed the scope of the Texas Medical Liability Act on a number of occasions since its enactment in 2003. The Act requires claimants asserting health care liability claims to substantiate... More...
   $0 (06-08-2014 - )

State of Texas v. Mark Augustin Castellano

The State of Texas charged Mark Augustin Castellano, age 39, with second-degree murder for the 2012 death of Michelle Warner, age 31, whose body was found in a West Texas grave between Midland and Odessa. The State claimed that Castellano killed Ms. Warner in the bedroom of their home in Houston.

Defendant claimed self-defense.

The State claimed that he killed Ms. Warner, took h... More...
   $0 (06-07-2014 - TX)

United States of America v. Stanlry Thaw and Michael Kincaid

DALLAS — Yesterday afternoon, two businessmen, Stanley Thaw, 72, of Frisco, Texas, and Michael Kincaid, 57, of Plano, Texas, who owned and operated hyperbaric oxygen therapy (HBOT) companies located in Plano, Denton, Hurst, Houston, and San Antonio, Texas, were each sentenced to five years in federal prison by U.S. District Judge Jorge A. Solis for conspiring to commit health care fraud. In add... More...   $0 (06-06-2014 - TX)

JJJJ Walker, LLC; Dynafab USA, LLC; Renaissance Properties of Texas, LLC; Priya Properties, LLC; BD Texas, LLC; and KW Hospital Acquisition, LLC v. Eric Yollick

In this fraud case, the plaintiffs prevailed in their claims against a bank, the bank’s corporate agent, and the bank’s attorney, but the trial court granted judgment notwithstanding the verdict on the claim against the bank’s attorney on the ground that no evidence supported the liability finding. In arguments that we treat as cross-points, the attorney argues that the economic-loss rule an... More...   $0 (06-05-2014 - TX)

Matthew D. Barrows, M.D., P.A. d/b/a Bermatology & Skin Cancer Surgery Center and Melissa McAnally v. Suzette Carnes

This is an interlocutory appeal from orders denying motions to dismiss filed by appellants Matthew D. Barrows, M.D., P.A. d/b/a Dermatology & Skin Cancer Surgery Center (Barrows) and Melissa McAnally (McAnally). Appellee Suzette Carnes (Carnes) sued Barrows and McAnally seeking damages for injuries she sustained during an intense pulsed light (IPL) skin rejuvenation procedure. For the reasons that... More...   $0 (06-05-2014 - TX)

In The Interest of C.G. and B.G.

This appeal arises from (1) an “Order Modifying Parent-Child Relationship” and (2) an “Order Holding [Loretta DiDonato] in Contempt and Granting Judgment for Child Support Arrearage and Attorney’s Fees.” We reverse the first order and render judgment denying the petition to modify the parent-child relationship. We affirm the second order.

BACKGROUND

On December 13, 2011, Lo... More...
   $0 (06-04-2014 - TX)

Katherine M. Cady v. Barbara Walsh (Cumberland County Jail)

Katherine Cady, on behalf of the estate of her son, Paul Victor Galambos, III, brought this 42 U.S.C. § 1983 action after Galambos's death from self-inflicted injuries that he suffered while he was a pretrial detainee at the Cumberland County Jail (CCJ). The action alleged that employees of Corizon, Inc., the private company providing healthcare services at CCJ, were deliberately indifferent to G... More...   $0 (06-04-2014 - ME)

Jesus Trejo-Perez v. Arry's Roofing/Builders Ins. Group

In this workers’ compensation appeal, Jesus Trejo-Perez (“Claimant”) challenges the denial of his request for referral to a Spanish-speaking psychologist as recommended by his authorized treating physician. He argues the Judge of Compensation Claims (“JCC”) erred by denying the request despite unrebutted medical testimony that a Spanish-speaking psychologist is medically necessary. Becau... More...   $0 (06-03-2014 - OK)

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