Appellant Irma Barragan appeals the trial court’s enforcement of a purported
Rule 11 agreement to settle the lawsuit and dismissal with prejudice of her
personal injury lawsuit against appellee Nederland Independent School District
(“NISD�). Barragan raises seven issues for our consideration. We reverse the trial
court’s orders and remand the cause for further proceedings c... More...   $0 (02-05-2015 - TX)

FORT WORTH, TX — The owner/operator of a chiropractic clinic in Fort Worth, Texas, was sentenced this morning on a federal felony conviction stemming from her submission of false reimbursement claims to Medicare and Medicaid, announced Acting U.S. Attorney John Parker of the Northern District of Texas.

Melva Mitchell, 35, of Fort Worth, a licensed chiropractor, was sentenced by U.S. Dis... More...   $0 (01-20-2015 - TX)

HOUSTON, Harris County, TX – Lanny C. McCandles has been ordered to federal prison after pleading guilty to failing to pay employment taxes, announced U.S. Attorney Kenneth Magidson along with Lucy Cruz, special agent in charge of Internal Revenue Service-Criminal Investigation (IRS-CI).

Today, U.S. District Judge Kenneth Hoyt, who accepted the guilty plea, handed McCandles an 18-month ... More...   $0 (01-05-2015 - TX)

DALLAS, TX – A physician and a home health agency manager were sentenced for their roles in a $3 million Medicare fraud conspiracy, announced U.S. Attorney Sarah R. Saldaña of the Northern District of Texas.

Joseph Megwa, M.D., 60, of Arlington, Texas, and Ebolose Eghobor, R.N., 49, of Grand Prairie, Texas, were sentenced today by U.S. District Judge Ed Knikeade to 120 months and 48 mo... More...   $0 (12-17-2014 - TX)

DALLAS, TX — A Dallas woman who stole the identity of a registered nurse and used that identity to work at several Dallas-Fort Worth (DFW) area hospice companies, appeared before U.S. Magistrate Judge David L. Horan, and pleaded guilty to a federal offense stemming from that conduct.

Jada Necole Antoine, 33, pleaded guilty to one count of fraud in connection with means of identification... More...   $0 (12-09-2014 - TX)

DALLAS, TX — A former employee at Parkland Hospital in Dallas appeared in federal court and pleaded guilty, before U.S. Magistrate Judge Renée Harris Toliver, to a federal felony offense stemming from his theft of patient information from the hospital.

Viju Mathew, 49, of Garland, Texas, pleaded guilty to one count of fraud and related activity in connection with identification documen... More...   $0 (11-25-2014 - TX)

HOUSTON, TX – Dr. Dennis B. Barson Jr., 44, and his medical clinic administrator, Dario Juarez, 54, have been convicted on all counts as charged in a conspiracy to defraud Medicare of $2.1 million in less than two months, announced U.S. Attorney Kenneth Magidson. Co-defendant Edgar Shakbazyan entered a guilty plea Oct. 24, 2014. The verdicts were returned just moments ago following seven days of... More...   $0 (11-05-2014 - TX)

DALLAS, TX — Physician and Others Sentenced in “Pill Mill� Case -Nicolas Padron Ran “Cash Only� Padron Wellness Clinic in Dallas “Patients� Often Recruited From Homeless Shelters

A physician who ran a “cash only clinicâ€� in Dallas that operated not as a legitimate medical facility, but as a place to unlawfully obtain controlled substances, and several coconspirators who o... More...   $0 (10-30-2014 - TX)

HOUSTON, TX – Andrea Michelle Tellison, 47, has been ordered to federal prison for eight years following her convictions of 14 counts of health care fraud and seven counts of aggravated identity theft, announced United States Attorney Kenneth Magidson. A jury convicted Tellison April 2, 2014, following three days of trial and less than two hours of deliberation. Today, U.S. District Judge Lee Ro... More...   $0 (08-26-2014 - TX)

Appellants Jerron C. Hill, M.D., individually, and Jerron C. Hill, M.D., P.A. appeal the trial court’s grant of summary judgment in favor of Tx-An Anesthesia Management, LLP, M2 Healthcare Services, LP, and Anesthesia Business Consultants. Appellants complain, in three issues, that the trial court erred in granting summary judgment because appellees failed to prove that all of appellants’ clai... More...   $0 (08-25-2014 - TX)

HOUSTON, TX – Lawrence Tyler, 42, has been ordered to prison for six years following his convictions of conspiracy to commit health care fraud, seven counts of health care fraud and one count of money laundering, announced United States Attorney Kenneth Magidson. A Houston jury convicted Tyler on May 12, 2014, following five days of trial and less than four hours of deliberation.

Today... More...   $0 (08-22-2014 - TX)

In this False Claims Act (“FCAâ€�) qui tam suit, relators Drs. Dakshesh Parikh, Harish Chandna, and Ajay Gaalla (collectively, the “Relatorsâ€�) sued Citizens Medical Center (“CMCâ€�), David Brown (“Brownâ€�), and Dr. William Campbell, Jr. (“Campbellâ€�). Brown and Campbell (collectively, “Appellantsâ€�) moved to dismiss the complaint based upon qualified immunity, and the district cou... More...   $0 (08-11-2014 - TX)

TYLER, TX – A Dallas County, Texas, physician has been convicted of 15 counts of health care fraud violations in the Eastern District of Texas, announced U.S. Attorney John M. Bales today.

Tariq Mahmood, 63, of Cedar Hill, Texas, was found guilty by a jury of conspiracy to commit health care fraud, seven counts of health care fraud, and seven counts of aggravated identity theft followi... More...   $0 (07-24-2014 - TX)

DALLAS, TX — A licensed pharmacist, who along with four co-defendants was convicted at trial earlier this year for their roles in a “pill mill� operation in Dallas, was sentenced this afternoon, announced U.S. Attorney Sarah R. Saldaña of the Northern District of Texas.

Lisa L. Hollier, 44, of Sunnyvale, Texas, was sentenced by U.S. District Judge Barbara M. G Lynn to 60 months in ... More...   $0 (07-14-2014 - TX)

This is an accelerated appeal from the trial court’s denial of the University of Houston’s plea to the jurisdiction. The University argues that the trial court erred in denying the plea because appellee John Casey did not satisfy the jurisdictional prerequisites to suit under the Texas Whistleblower Act, TEX. GOV’T CODE ANN.

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§ 554.002 (West 2012). We conclude that Casey fail... More...   $0 (07-03-2014 - TX)

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)

LAREDO, TX - Jorge Montemayor and Leticia Reyna have been ordered to prison for their convictions of failing to pay over employment taxes to the Internal Revenue Service (IRS), announced United States Attorney Kenneth Magidson. Montemayor and Reyna pleaded guilty Jan. 24, 2014, and Nov. 18, 2013, respectively.

Today, U.S. District Judge Andrew Hanen handed Montemayor a sentence of 30 months... More...   $0 (05-02-2014 - TX)

HOUSTON, TX – Yolanda Nowlin, 42, has been ordered to federal prison for 11 years following her multiple convictions in relation to a large health care fraud conspiracy, announced United States Attorney Kenneth Magidson. A federal jury in Houston convicted Nowlin Sept. 4, 2013, following seven days of trial and less than three hours of deliberations.

At the sentencing hearing late yesterd... More...   $0 (04-23-2014 - TX)

DALLAS, TX — Jerry C. Bullard, 57, of Mesquite, Texas, was sentenced this afternoon, by U.S. District Judge Sam A. Lindsay, to 33 months in federal prison and ordered to pay $317,779 in restitution, following his guilty plea in February 2012 to one count of conspiracy to commit health care fraud. Bullard worked in the durable medical equipment department of Medistat Group Associates, Inc., an a... More...   $0 (04-14-2014 - TX)

DALLAS, TEXAS — Two Grand Prairie, Texas, men, convicted at trial in October 2013 on conspiracy and health care fraud charges related to their operation of A Medical House Calls, a physician house-call company in North Texas, were sentenced this morning by U.S. District Judge David C. Godbey, announced U.S. Attorney Sarah R. Saldaña of the Northern District of Texas.

Lawrence Dale St. Jo... More...   $0 (03-31-2014 - TX)

HOUSTON, TEXAS – Andrea Michelle Tellison, 47, has been convicted today of 14 counts of health care fraud and seven counts of aggravated identity theft, announced United States Attorney Kenneth Magidson. The jury returned its verdicts this afternoon following three days of trial and less than two hours of jury deliberation.

Tellison, the director of operations, chief compliance officer an... More...   $0 (04-02-2014 - TX)

Dr. Nicolas Alfonso Padron, 54, of Garland, Texas, was sentenced by U.S. District Judge David C. Godbey to 57 months in federal prison and ordered to pay $9,484,111 in restitution to the Centers for Medicare and Medicaid Services (CMS). Dr. Padron pleaded guilty in September 2013 to one count of count of conspiracy to commit health care fraud stemming from his role as medical director of a physic... More...   $0 (03-17-2014 - TX)

This appeal arises from disputes regarding a testamentary trust established by Willa Peters Hubberd. Willa’s daughter, Mary Dahlman, is a beneficiary under the trust. Dahlman appeals the probate court’s orders modifying the terms of the testamentary trust based on a mediated settlement agreement signed by all of the parties to the underlying cause and their attorneys.1 On appeal, Dahlman conte... More...   $0 (02-12-2014 - TX)

In this case, the trial court entered a final decree of divorce, ending the marriage of appellant, Reyna Aracely Joya, and appellee, David Joya. In four issues on appeal, Reyna contends that the trial court erred in: (1) ordering a

2

division of the marital estate that was not just and right; (2) ordering a disproportionate division of the marital estate without a reasonable basi... More...   $0 (12-02-2013 - TX)

Yolanda Nowlin, 42, has been convicted of conspiracy to commit health care fraud, four counts of health care fraud, conspiracy to commit kickback fraud and aiding and abetting Social Security fraud, United States Attorney Kenneth Magidson announced today. The verdicts were returned late yesterday afternoon following seven days of trial and less than three hours of deliberations.

Nowlin, of... More...   $0 (09-05-2013 - TX)

Appellant, Kodigbo Odelugo, without an agreed punishment recommendation from the State, pleaded guilty to the offense of engaging in

2

organized criminal activity, namely aggregate theft of over $200,000,1 and the trial court assessed his punishment at confinement for fifteen years. In three issues, appellant contends that he received ineffective assistance of counsel and the tri... More...   $0 (07-18-2013 - TX)

Appellant Rosaena Resendez appeals from the trial court's order dismissing her suit against her former employer, the Texas Commission on Environmental Quality (the "Commission"), for damages under the Texas Whistleblower Act. See Tex. Gov't. Code Ann. §§ 554.001-.009 (West 2012). The Commission filed a plea to the jurisdiction, arguing that sovereign immunity had not been waived because Resende... More...   $0 (12-28-2012 - TX)

This is an appeal from a judgment rendered after a jury verdict that awarded Sadler Clinic Association, P.A. tort damages in the amount of $307,935 and Oncology Reimbursement Services, L.P. contract damages in the amount of $57,583. Sadler Clinic Association, P.A., Greater Houston Radiation Oncology, P.A., and Oncology Management Services, L.P. were awarded no damages on their breach of contract c... More...   $0 (10-04-2012 - TX)

Appellants Subodh Sonwalkar, M.D. and Wolley Oladut, M.D. held partnership units in appellee St. Luke’s Sugar Land Partnership, L.L.P (“the Partnershipâ€�). They applied for a temporary injunction to enjoin the Partnership and its managing partner, appellee St. Luke’s Community Development Corporation—Sugar Land (the “Managing Partnerâ€�) from terminating their partnership interests and ... More...   $0 (08-18-2012 - TX)

Appellant, Kelly Ann O’Shea Duncan, appeals from a summary judgment order and final judgment entered following a bench trial in a trust action against Appellee, Rita M. O’Shea, individually and as trustee of the John Joseph Connor O’Shea, Jr. Marital Deduction Trust, the Disclaimer Trust, and the Family Trust. In support, Kelly asserts the trial court erred in (1) its construction of the Tru... More...   $0 (08-08-2012 - TX)

Plaintiff-Appellant Rebecca Gonzalez (“Relatorâ€�) brought a qui tam action under the False Claims Act (“FCAâ€�), 31 U.S.C. § 3729 et seq., against Defendants-Appellees Fresenius Medical Care North America, Fresenius Medical Care Holdings, Inc., Bio-Medical Applications of Texas, Inc. (collectively, “Freseniusâ€�), and Alfonzo Chavez, M.D. Relator also brought retaliation claims against Fre... More...   $0 (07-31-2012 - TX)

Yusuf Elias Farran appeals from an order granted a plea to the jurisdiction filed by the Canutillo Independent School District and dismissing Farran’s claims with prejudice. We affirm in part and reverse and remand in part.



FACTUAL SUMMARY

CISD hired Farran in 2004 for the position of Construction Administrator and he was later promoted to Executive Dire... More...   $0 (06-14-2012 - TX)

Amy Warmbrod filed suit against United Services Automobile Association (USAA) alleging various causes of action and seeking damages arising out of USAA’s handling of her underinsured motorist claim. Warmbrod appeals the summary judgment granted in favor of USAA. We affirm.

BACKGROUND

Warmbrod sustained severe injuries in a car accident on July 28, 2006. She was treated free of c... More...   $0 (04-11-2012 - TX)

Appellant Gertrud Moreno challenges the plea to the jurisdiction and summary judgment granted in favor of appellee Texas A&M University-Kingsville (TAMUK) on Moreno's claim for retaliatory discharge under the Texas Whistleblowers Act. See Tex. Gov't Code Ann. § 554.002 (West 2004). By two issues, Moreno argues that the trial court erred in granting TAMUK's: (1) motion for summary judgment beca... More...   $0 (05-05-2011 - TX)

TTHR, L.P. d/b/a Presbyterian Hospital of Denton (Presbyterian) appeals the denial of its motion to dismiss filed pursuant to Texas Civil Practice and Remedies Code section 74.351(b). See Tex. Civ. Prac. & Rem. Code Ann. § 74.351 (Vernon 2011). Presbyterian asserts that the suit filed against it by Appellee Amanda Coffman was a health care liability claim, subject to the requirements of chapter... More...   $0 (03-24-2011 - TX)

This appeal involves an analysis of the limitation of recovery of medical and health care expenses in a personal injury cause of action imposed by the "paid or incurred" provisions of section 41.0105 of the Texas Civil Practices and Remedies Code. See Tex. Civ. Prac. & Rem. Code Ann. § 41.0105 (West 2008).[2] Appellant, Progressive County Mutual Insurance Company, appeals from a judgment enter... More...   $0 (02-04-2011 - TX)

he appellees’ motion for rehearing is denied. This court’s opinion and judgment dated August 31, 2010 are withdrawn, and this opinion and judgment are substituted. We substitute this opinion to clarify our judgment.

This case stems from a dispute regarding Appellant U.S. Renal Care’s (“Renal Careâ€�) purchase of Rencare, Ltd., formerly owned by Appellees Laura Jaafar, Lisa Lewis... More...   $0 (12-08-2010 - TX)

Appellant, Tony Draper, sued American Rice, Inc. for negligence for injuries sustained while working in the Domestic Packaging Department of its Freeport, Texas warehouse. American Rice filed a traditional motion for summary judgment. After a hearing, the trial court granted the summary judgment and entered a take nothing judgment. Draper appealed, arguing in three issues that the trial court e... More...   $0 (07-29-2010 - TX)

Our medical-legal jurisprudence is based on images of health care that no longer exist. At an earlier time, medical advice was received in the doctor's office from a physician who most likely made house calls if needed. The patient usually paid a small sum of money to the doctor. Neighborhood pharmacists compounded prescribed medicines. Without being pejorative, it is safe to say that the prevail... More...   $0 (03-08-2010 - TX)

Relator-Appellant Margaret Taylor Vick ("Vick" or "Relator") appeals the decision of the District Court, which granted summary judgment in favor of Defendants-Appellees: J. Scott Smith, MD; Donald W. Floyd, MD; David J. Power, MD; Daniel G. Nelson, MD (collectively, "Doctors"); and the Orthopedic Center of Midland Professional LLC d/b/a Southwest Orthopedic and Spine Center ("Southwest"). ... More...   $0 (01-05-2008 - TX)