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Health Care Fraud Law
 
RONALD D. HENDRIX, BDOE OF CHESTERFIELD, INC., BDOE, INC., and BD75, INC. V. JIM SHERIDAN, UES, LLC, SFCC-OLATHE, INC., and SHERIDAN'S FRANCHISE SYSTEMS, INC. Kansas Judicial Center

In 2013, Hendrix; BDOE, Inc.; and Hendrix's two other franchises (collectively Hendrix) filed suit against Sheridan; UES, LLC, the company that owned Unforked; and SFCC-Olathe, Inc. alleging fraud, breach of contract, and violations of the Kansas Consumer Protection Act. He later amended the petition to include SFS. Hendrix sought damages in excess of $75,000 and a declaration that he did not have... More...   $0 (05-27-2018 - KS)

STATE OF KANSAS v. HEATH ALLEN UMPHENOUR Aggravated indecent liberties with a child

A jury convicted Heath Allen Umphenour of one count of aggravated indecent liberties with a child, one count of aggravated criminal sodomy, four counts of sexual exploitation of a child, and two counts of breach of privacy. Four of Umphenour's convictions were off-grid Jessica's Law offenses. For his off-grid Jessica's Law convictions and Kansas Sentencing Guidelines Act (KSGA) grid convictions, ... More...   $0 (05-27-2018 - KS)

United States of America v. Millicent Traylor Eastern District of Michigan Federal Courthouse - Detroit, Michigan

Detroit, MI - Doctor Convicted in $8.9 Million Health Care Fraud Scheme

A federal jury found a physician guilty today for her role in a scheme involving approximately $8.9 million in fraudulent Medicare claims for home health care and other physician services that were procured through the payment of kickbacks, were not medically necessary, not actually provided or, in some cases, were pr... More...
   $0 (05-27-2018 - MI)

Carleton Harris v.l Allen County Board of Commissioners Northern District of Indiana Federal Courthouse - Lafayette, Fort Wayne, South Bend, Hammond

Carleton Harris was injured while working at the Allen County Juvenile Center. After he reached maximum medical improvement, both his disability benefits and his employment were terminated. Harris subse-quently sued the Allen County Board of Commissioners and the Allen Superior Court for alleged violations of the Ameri-cans with Disabilities Act (“the ADA”). The only question on
2 No. 17-2577<... More...
   $0 (05-27-2018 - IN)

J.N. v. The Superior Court of Orange County, The People, Real Party in Interest

Petitioner, J.N., who was 17 years old at the time of the alleged offenses,
was charged with felonies in the superior court.1 After the passage of Proposition 57, the
Public Safety and Rehabilitation Act of 2016, the superior court suspended criminal
proceedings and certified J.N. to the juvenile court to determine whether he should be
treated in the juvenile court system or prosec... More...
   $0 (05-27-2018 - CA)

United States of America v. Arthur Rathburn Eastern District of Michigan Federal Courthouse - Detroit, Michigan

Detroit, MI - Grosse Pointe Park Man Sentenced on Fraud Scheme Involving Distribution of Infectious Human Remains

A Grosse Pointe Park resident was sentenced on May 22, 2018 to 108 months in federal prison after having been convicted earlier this year by a jury on charges of wire fraud, transportation of hazardous material, and false statements in a scheme involving the distribution of bo... More...
   $0 (05-26-2018 - MI)

United States of America v. Charles Turner and Donald Kevin Collins Eastern District of Tennessee Courthouse - Greeneville, TN

Greenville, TN - Charles Turner and Donald Kevin Collins Sentenced for Mail Fraud Conspiracy to Defraud Mountain Empire Surgery Center

On May 23, 2018, two individuals were sentenced by the Honorable J. Ronnie Greer, U.S. District Judge, for their roles in a conspiracy to commit mail fraud. Donald Kevin Collins, 41, of Elizabethton, Tennessee, was sentenced to serve 51 months in federal ... More...
   $0 (05-26-2018 - TN)

Robert Ghiringhelli v. The Assurance Group, Inc. Middle District of Tennessee - Estes Kefauver Federal Courthouse Nashville, Tennessee

Plaintiffs Robert Ghiringhelli, Colin
Keith Holley, Derrold Nash, Anthony Petitti, Jr., and Harmon G. Pye, III,1 appeal the district
court’s grant of summary judgment to defendant The Assurance Group, Inc., on the plaintiffs’
claims for breach of contract, conversion, breach of fiduciary duty, statutory and regulatory
violations, and for declaratory judgment. Before this court, the... More...
   $0 (05-26-2018 - OH)

Monty Bauch v. Richland County Children Services Northern District of Ohio Courthouse - Cleveland, Ohio Morelaw Internet Marketing for Legal Professionals Click Here To Find A Lawyer 888-354-4529

Defendant Holly Hartman (“Hartman”) appeals from the
judgment entered by the district court denying her motion for summary judgment on Count Four
of Plaintiffs’ complaint. For the reasons set forth below, we REVERSE the judgment of the
district court and REMAND the case to the district court for proceedings consistent with this
opinion.
I. BACKGROUND
This case arises out of... More...
   $0 (05-26-2018 - OH)

Len Boogaard v. National Hockey League, et al. Northern District of Illinois Courthouse - Chicago, Illinois

Len and Joanne Boogaard appeal the dismissal of the wrongful-death action they brought as the personal representatives of the estate of their son, Derek
* Of the Eastern District of Wisconsin, sitting by designation.
2 No. 17-2355
Boogaard. They devote their appeal almost entirely to argu-ments that would spark excitement—or fear—in the heart of a civil procedure student. There is a Ha... More...
   $0 (05-25-2018 - IL)

Neil Graff and Debbie Graff v. LifeScape d/b/a Children's Care Hospital and School Morelaw Internet Marketing for Legal Professionals Click Here To Find A Lawyer 888-354-4529

Sioux Falls, SD - Neil Graff and Debbie Graff sued LifeScape d/b/a Children's Care Hospital and School on a negligence theory claiming that Defendant's employees was negligent in it care of their son, Ben Graff.

Ben Graff was a full-time resident at Defendant's facility in 2010.

Plaintiff's claimed that Ben was improperly restrained by Defendant's employees to his detriment.
... More...
   $0 (05-25-2018 - SD)

Terri Raines v. Coastal Pacific Food Distributors,Inc.

APPEAL from a judgment of the Superior Court of San Joaquin County, Linda L.
Lofthus, Judge. Reversed in part and affirmed in part.
Mayall Hurley, William J. Gorham III and Nicholas J. Scardigli for Plaintiff and
Appellant.
Weintraub Tobin Chediak Coleman Grodin, Charles L. Post, Brendan J. Begley,
Meagan D. Bainbridge and James Kachmar for Defendant and Respondent.
2
A... More...
   $0 (05-25-2018 - CA)

United States of America v. Tyler Barriss, Casey Viner and Shan Gaskill District of Kansas Federal Courthouse - Wichita, Kansas

Wichita, KS - Federal Charges Filed In Deadly Wichita Swatting Case

A federal indictment unsealed here today charges three men in a “swatting” incident where false reports to police and emergency services set off a chain of events that led to a Wichita man being shot and killed, U.S. Attorney Stephen McAllister said.

The indictment alleges the defendants are responsible for hoax ... More...
   $0 (05-25-2018 - KS)

Ivan Arnold v. Homeaway, Inc. Western District of Texas Federal Courthouse - San Antonio, Texas

Plaintiffs Ivan Arnold and Deirdre Seim filed separate lawsuits against
Defendant HomeAway, Inc.
1 In each case, HomeAway sought to compel arbitration. Concluding that both Seim and Arnold are bound to arbitrate threshold arbitrability questions, we REVERSE the judgment of the district court in Arnold’s case and AFFIRM the judgment in Seim’s. We REMAND both cases with instructions to compe... More...
   $0 (05-25-2018 - TX)

Gloria Bustillos v. El Paso County Hospital District, et al. Western District of Texas Federal Courthouse - El Paso, Texas

This case stems from a series of increasingly intrusive body searches performed by state medical staff during a border stop in El Paso, Texas. The district court dismissed Appellant’s claims based on qualified immunity, failure to allege a valid claim for county liability under § 1983, and failure to meet Texas state tort standards. We affirm.
BACKGROUND
I. The Search and Seizure
Appel... More...
   $0 (05-25-2018 - TX)

Damian Stinnie v. Richard D. Holcomb Western District of Virginia Federal Courthouse - Roanoke, Virginia

This case arises out of a constitutional challenge to Virginia Code § 46.2-395, pursuant to which anyone who fails to pay court costs or fines imposed after a conviction is subject to suspension of his or her driver’s license. Plaintiffs Damian Stinnie, Demetrice Moore, Robert Taylor, and Neil Russo owe court debts and, because of their inability to pay, have had their licenses suspended. They all... More...   $0 (05-24-2018 - VA)

United States of America v. Jack Jim Clark Northern District of Oklahoma Federal Courthouse Tulsa, Oklahoma

Tulsa, OK - FORMER PRESIDENT OF SAPULPA /OKLAHOMA CITY OIL DISTRIBUTOR COMPANY SENTENCED IN $10 MILLION DOLLAR TAX REFUND AND MAIL FRAUD SCHEME

The former president of Clark Oil Distributors, Inc. located in both Sapulpa and Oklahoma City, was sentenced on May 23, 2018 by U.S. District Judge Claire V. Eagan to five years in federal prison for filing over $10,000,000 in false excise tax re... More...
   $0 (05-24-2018 - OK)

Diane Rodriguez and David Rodriguez, etc. vs Ernst Nicolitz, M.D. and Lenka Champion, M.D.

On April 23, 2013, Mrs. Rodriguez underwent a blepharoplasty on her upper and lower eyelids, a procedure to repair droopy eyelids and to remove excess tissue around the eyes. The surgery was performed by Ernst Nicolitz, M.D., an ophthalmologist. Following the surgery, Mrs. Rodriguez developed an infection in her left eye. Three post-operative examinations of Mrs. Rodriguez were performed by Dr.... More...   $0 (05-23-2018 - FL)

United States of America v. Dawn Chapelle Cottman District of Maryland Federal Courthouse - Baltimore, Maryland

Baltimore, MD - Baltimore County Tax Preparer Found Guilty Of Filing False Tax Returns And Identity Theft

On May 22, 2018, a federal jury has convicted Dawn Chapelle Cottman, age 45, of Owings Mills, Maryland of fourteen counts of filing false tax returns, wire fraud and aggravated identity theft. Cottman owned a tax preparation business called 40 AM Tax Service, which she operated from ... More...
   $0 (05-23-2018 - MD)

Rena C. v. Colonial School District Eastern District of Pennsylvania Federal Courthouse - Philadelphia, Pennsylvania

This case arises out of a dispute under the Individuals with Disabilities Education Act (“IDEA”). Under the IDEA, when parents and school districts dispute a child’s educational placement, a parent may file an administrative due process complaint that can lead to an administrative hearing. At least ten days before the dispute reaches a hearing, the school district can extend a settlement offer to ... More...   $0 (05-23-2018 - PA)

Kevin C. Rotkiske v. Paul KLemm, Esq., d/b/a Nudleman, Klemm & Golub, P.C. Eastern District of Pennsylvania Federal Courthouse - Philadelphia, Pennsylvania

This appeal requires us to determine when the statute of limitations begins to run under the Fair Debt Collection Practices Act (FDCPA or Act), 91 Stat. 874, 15 U.S.C. § 1692 et seq. The Act states that “[a]n action to enforce any liability created by this subchapter may be brought in any appropriate United States district court . . . within one year from the date on which the violation occurs.” 1... More...   $0 (05-23-2018 - PA)

Professional Collection Consultants v. Robert M. Lujan

Professional Collection Consultants (PCC) filed this action to collect credit card
debt that Lujan incurred. The parties agree that if Delaware’s three-year statute of
limitations applies the action is time-barred, but that if California’s four-year statute
applies the case is timely filed. The trial court applied the Delaware statute, granting
summary judgment on statute of limita... More...
   $0 (05-23-2018 - CA)

State of Tennessee v. Pamela Moses

On April 29, 2015, Defendant entered guilty pleas to theft of merchandise valued at less than $500, tampering with or fabricating evidence, forgery, perjury on an official document, stalking of a judge, and escape from misdemeanor incarceration. See State v. Pamela Moses, No. W2015-01240-CCA-R3-CD, 2016 WL 4706707, at *2 (Tenn. Crim. App. Sept. 6, 2016), perm. app. denied (Tenn. Jan. 23, 2017). ... More...   $0 (05-22-2018 - TN)

State of Tennessee v. Curtis Morris

On January 8, 2013, a Shelby County grand jury returned indictment No. 1300001, charging the defendant with first-degree murder during the perpetration of aggravated child abuse, first-degree murder during the perpetration of aggravated child neglect, aggravated child abuse of a child eight years of age or less, and aggravated child neglect of a child eight years of age or less. The victim in the... More...   $0 (05-22-2018 - TN)

Nathan Chaleunsak v. State of Tennessee

The Petitioner and a co-defendant forced their way in to the residence of the victim, Mr. Eric Torres, and robbed him at gunpoint. Mr. Torres later identified the Petitioner in a photographic lineup. After leaving Mr. Torres’ residence, the Petitioner and the co-defendant went next door to Amkha Vetvong’s residence. The Petitioner and
the co-defendant attempted to force open the front door, ... More...
   $0 (05-22-2018 - TN)

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