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Health Care Law
 
State of Texas v. Miguel Hugo Barraza

The trial evidence showed that on the evening of December 6, 2013, Barraza attempted to
enter the Lucky Monkey nightclub. The club employed a commissioned and uniformed security
guard, Raymond Reyes,1 who was tasked with conducting pat-downs to look for drugs and
weapons on patrons before they were permitted to enter the club. When Barraza approached,
Reyes asked him to turn ... More...
   $0 (02-20-2017 - TX)

The People v. Jon Eric Clark

In 1997, Jon Eric Clark was convicted of indecent exposure and sentenced to a
prison term of 26 years to life under the “three strikes” law. In 2014, after adoption of
the Three Strikes Reform Act (Reform Act), he petitioned for resentencing. This appeal
is from the denial of that petition. Appellant contends the trial court erred in failing to
conduct a hearing and rule on his mot... More...
   $0 (02-19-2017 - )

John Jacob Toumey v. The State of Texas

Harris County Sheriff’s Office Deputy T. Kirkley testified that during the
evening of July 27, 2014, he was off-duty and visiting with a group of friends at
the Texas Saloon, a nightclub in Pasadena. Toward the end of the night, Kirkley
learned that one of his friends and appellant were arguing outside in the parking
lot. Kirkley went outside and attempted to diffuse the argu... More...
   $0 (02-19-2017 - TX)

Clarence Ray Johnson v. The State of Texas

Harris County Precinct 8 Constable’s Office (“HCCO”) Deputy J. Wingfield
testified that while on patrol on the night of December 31, 2014, he saw appellant
driving a truck at the intersection of Durant Avenue and Spencer Highway in
Pasadena. After appellant failed to signal his turn onto Spencer Highway,
Wingfield began following behind him. Wingfield then saw appellant fail ... More...
   $0 (02-19-2017 - TX)

MALINDA FALCONE v. LIBERTY MUTUAL INSURANCE COMPANY, LM GENERAL INSURANCE COMPANY

Because Liberty Mutual acted in bad faith, on remand, Liberty Mutual's defense should be limited to the amount of damages for which they are liable. Ms. Falcone should be allowed to present all of her evidence relating to Liberty Mutual's bad faith conduct in handling her claim. From that evidence a jury can then determine the amount of actual damages owed Ms. Falcone for Liberty Mutual's bad fait... More...   $0 (02-19-2017 - OK)

STATE OF KANSAS v. ANDREW ROBERT WIELAND Child Pornography

The pertinent facts may be outlined briefly. The crimes came to light in early 2013 when a man bought a used computer Wieland had owned from a Johnson County pawnshop. After discovering child pornography on the computer, the man turned the computer over to law enforcement authorities. They found 168 images and 19 videos of child pornography on the computer and were able to trace the files and thei... More...   $0 (02-19-2017 - KS)

United States of America v. Roy G. Heibron

Albuquerque, NM - Santa Fe Cardiologist Pleads Guilty to Federal Health Care Fraud Charge

Defendant Agrees to Two-Year Prison Sentence

Roy G. Heilbron, 53, a cardiologist practicing in Santa Fe, N.M., pleaded guilty to a health care fraud charge. Under the terms of the plea agreement, Heilbron will be sentenced to two years in federal prison followed by a term of supervised relea... More...
   $0 (02-19-2017 - NM)

United States of America v. Lonnie Hubbard

Lexington, KY - Berea Pharmacist Found Guilty of Illegally Dispensing Hundreds of Thousands of Prescription Pills and Thousands of Boxes of Pseudoephedrine and Money Laundering

A Berea pharmacist, Lonnie Hubbard, age 41, has been convicted by a federal jury of 71 counts, including fifty-six drug counts, involving the illegal dispensing of controlled substances without a legitimate medical... More...
   $0 (02-19-2017 - KY)

COMMONWEALTH OF PENNSYLVANIA v. JOHN MICHAEL TEDESCO

Appellant, John Michael Tedesco, appeals from the judgment of
sentence imposed on October 26, 2015 in the Court of Common Pleas of
Monroe County following his convictions of third degree murder, neglect of
care-dependent person, theft by unlawful taking, theft by failing to make
required disposition of funds received, and tampering with/fabricating
physical evidence.1
Appe... More...
   $0 (02-19-2017 - )

State of Nebraska v. Marco E. Torres, Jr.,

Torres was involved in drug trafficking in Grand Island,
Nebraska. Through his drug activities, Torres knew a man
known as Billy Packer, who was also involved in drug trafficking.
It was through Packer that Torres met Jose Cross, Gina
Padilla, and Timothy Donohue.
Edward Hall allowed Donohue to live in Hall’s house in a
room on the second floor. Hall also allowed Padilla to... More...
   $0 (02-18-2017 - NE)

STATE OF OREGON v. NATHAN HOWARD STUART

Defendant appeals a judgment of conviction for manslaughter in the second degree, ORS 163.125, for causing the death of another while driving. He assigns error to the trial court’s denial of his motion for judgment of acquittal, contending that the evidence was insufficient to prove that he acted recklessly. The state responds that the evidence is sufficient “to support a reasonable inference that... More...   $0 (02-18-2017 - OR)

UNITED STATES OF AMERICA v. RUFINO PERALTA-SANCHEZ

On March 7, 2014, at approximately 11:20 p.m., video surveillance along the U.S.-Mexico border spotted two individuals hiding in the brush about one mile north of the border. U.S. Border Patrol agents spent four to five hours tracking fresh footprints, which ultimately led the agents to Rufino Peralta-Sanchez and his companion, who were by that time approximately six miles from the border. A Bor... More...   $0 (02-18-2017 - CA)

UNITED STATES OF AMERICA v. CHRISTOPHER BARRET, D/B/A Derrick Brown

This case developed from a joint investigation by the United States Postal 4  
Inspection Service, the Drug Enforcement Administration (“DEA”), and the New 5  
York City and New York State Police Departments, into the activities of a large‐6  
scale marijuana distribution organization in Queens, New York known as the 7  
“Fatherless Crew.” The government alleged, and as outli... More...
   $0 (02-18-2017 - NY)

State of Oklahoma v. Shannon James Kepler

Tulsa, OK - Second Mistrial Declared in Trial of Former Policeman Charged with Murder

The State of Oklahoma charged Shannon James Kepler with:

Count # 1. Count as Filed: HM11, MURDER - FIRST DEGREE, in violation of 21 O.S. 701.7
Date of Offense: 08/05/2014
Party Name Disposition Information
KEPLER, SHANNON JAMES
Count # 2. Count as Filed: SWIK, SHOOTING WIT... More...
   $0 (02-18-2017 - OK)

United States of America v. Patrick Treacy, a/k/a “Redneck”

Philadelphia, PA Member of the Pagans Outlaw Motorcycle Club Sentenced to 20 Years in Prison for Prescription Pill Mill

Patrick Treacy, a/k/a “Redneck” to 20 years in prison for his role in a prescription pill mill that trafficked oxycodone and other dangerous and addictive opioids. Treacy was also ordered to serve a concurrent sentence of 10 years in prions for illegally possessing a fir... More...
   $0 (02-18-2017 - PA)

United States of America v. Sean Stewart

New York, NY - Managing Director Of Investment Bank Sentenced To 3 Years In Prison For Insider Trading

Sean Stewart, a former managing director at an investment advisory firm headquartered in Manhattan, was sentenced today to 36 months in prison by U.S. District Judge Laura Taylor Swain for tipping his father and co-defendant Robert Stewart with inside information about five health care... More...
   $0 (02-18-2017 - NY)

In re Marriage of Zandi

This case asks if out-of-network health care costs qualify as
"'[u]ninsured medical expenses"' under RCW 26.18.170(18)(d). Victor and Deanna
Zandi's dependent daughter, T.Z., incurred approximately $13,000 in medical bills
when she had a kidney stone removed while traveling outside the Kaiser Permanente
network. The superior court ordered Victor Zandi to pay 7 5 percent of the cost... More...
   $0 (02-17-2017 - WA)

Arthur R. Thompson, as personal representative of the Estate of Joyce Thompson, deceased, v. Peak Medical No. 4, Inc. d/b/a South Park Care and Rehabilitation Center

Oklahoma City, OK - Arthur R. Thompson, as personal representative of the Estate of Joyce Thompson, deceased, sued Peak Medical No. 4, Inc. d/b/a South Park Care and Rehabilitation Center claiming that on or bout March 11, 2013, Joyce Thompson was admitted to South Park Care Center under hospice care related to liver failure. Visitors reported that that she was living in unsanitary conditions, in ... More...   $0 (02-17-2017 - OK)

Mark Randall v. Healtheast/St. John Hospital

Appellant, formerly a volunteer intern at respondent hospital, challenges the summary-judgment dismissal of his race-discrimination and reprisal claims under the Minnesota Human Rights Act (MHRA). Before the district court, appellant claimed that respondent had discriminated against him on the basis of race in education under Minn. Stat. § 363A.13 (2014). Appellant does not challenge the dismissal... More...   $0 (02-17-2017 - MN)

United States v. Halliburton Company

Under the Logistics Civil Augmentation Program (“LOGCAP”), the U.S. Army contracts with private companies to provide a wide range of logistical services. In 2001, the Army awarded KBR the third contract issued under the LOGCAP program, known as “LOGCAP III.”1 LOGCAP III 1 We refer to Appellees collectively but note that Kellogg Brown & Root Servic... More...   $0 (02-17-2017 - DC)

State of Tennessee v. David Troy Firestone

On December 21, 2015, the Defendant pled guilty pursuant to a plea agreement to burglary and theft of property. Under the plea agreement, the value of the stolen property relating to the theft charge would be determined at a bench trial, the Defendant’s sentences would run concurrently, and the State would not seek a fine.
The State offered the following recitation of facts supporting the Def... More...
   $0 (02-17-2017 - TN)

STATE OF IDAHO v. DOUGLAS EARL MEYER

I. NATURE OF THE CASE

Appellant, Douglas Earl Meyer (“Meyer”), appeals his felony conviction for possession of over three ounces of marijuana. Meyer asserts on appeal that the district court erred when it denied his request for a jury instruction on the necessity defense. Meyer is a Washington State resident who has a prescription for medical marijuana and is the designated medical mariju... More...
   $0 (02-17-2017 - )

Stephanie M. Dowell v. Oregon Mutual Insurance Company

Auto insurers in Oregon must provide personal
injury protection (PIP) benefits to their insureds for certain
automotive injury-related expenses, regardless of who is at
fault in an accident. ORS 742.520(1). The PIP medical benefits
at issue in this case “consist of the following payments for
the injury or death of each person” covered: “All reasonable
and necessary expenses... More...
   $0 (02-16-2017 - OR)

D.A. and M.A. v. Texas Helath Presbyterian Hospital of Denton, Marc Wilson, M.D., and Alliance OB/BYN Specialists, P.L.L.C. d/b/a OB/GYN Specialists

Appellants D.A. and M.A. bring this interlocutory appeal challenging the trial court’s grant of summary judgment in favor of Appellees Texas Health
2
Presbyterian Hospital of Denton (THP), Marc Wilson, M.D., and Alliance OB/GYN Specialists, PLLC d/b/a OB/GYN Specialists, PLLC. We granted permission to appeal on a single issue—whether civil practice and remedies code section 74.153 applies ... More...
   $0 (02-16-2017 - TX)

Deborah Logsdon v. Mark E. Logsdon

Appellant Deborah Logsdon appeals from the trial court’s summary
judgment granted in favor of appellee Mark E. Logsdon. Because we conclude
the trial court did not err, we affirm the trial court’s judgment. See Tex. R. App.
P. 43.2(a).
1See Tex. R. App. P. 47.4.
2
I. BACKGROUND
A. DIVORCE AND LIQUIDATION OF ASSETS BY AUCTION
Deborah and Mark married in 1984 and join... More...
   $0 (02-16-2017 - TX)

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