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Texas Medicare Law
United States of America v. David Brown; Dr. William Campbell

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

United States of America v. Tariq Mahmood

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)

United States of America v. Lisa L. Hollier

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)

The University of Houston v. John Casey

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.


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

United States of America v. Jorge Montemayor and Leticia Reyna

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)

United States of America v. Yolanda Nowlin

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)

United States of America v. Jerry C. Bullard

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)

United States of America v. Lawrence Dale St. John and Jeffrey Dale St. John

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)

United States of America v. Andrea Michelle Tellison

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)

United States of America v. Dr. Nicolas Alfonso Padron

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)

In Re Willa Peters Hubberd Testamentary Trust

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)

Reyna Aracely Joya v. David Joya

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


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)

United States of America v. Yolanda Nowlin

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)

Kodigbo Odelugo v. The State of Texas

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


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)

Rosaena Resendez v. Texas Commission on Environmental Quality

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)

Greater Houston Radiation Oncology, P.A. v. Sadler Association, P.A.

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)

Subodh Sonwalker, M.D. v. St. Luke's Sugar Land Partnership, LLC

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 Partnership”). 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 Partner”) from terminating their partnership interests and ... More...   $0 (08-18-2012 - TX)

Kelly Ann O'Shea Duncan v. Rita M. O'Shea

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)

Rebecca Gonzalez v. Fresenius Medical North America

Plaintiff-Appellant Rebecca Gonzalez (“Relator”) brought a qui tam action under the False Claims Act (“FCA”), 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, “Fresenius”), and Alfonzo Chavez, M.D. Relator also brought retaliation claims against Fre... More...   $0 (07-31-2012 - TX)

Yusuf Elias Farran v. Canutillo Independent School District

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.


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 v. USAA County Mutual Insurance Company

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.


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

Gertrud Moreno v. Texas A&M University-Kingsville

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 v. Amanda Coffman

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)

Progressive County Mutual Insurance Company v. Natividad Delgado

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)

U.S. Renal Care, Inc. v. Laura Jaafar

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 Care”) purchase of Rencare, Ltd., formerly owned by Appellees Laura Jaafar, Lisa Lewis... More...
   $0 (12-08-2010 - TX)

Tony Draper v. American Rice, Inc.

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)

Centocor, Inc. v. Patricia Hamilton

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)

United States of America ex rel. Margaret Taylor-Vick v. S. Scott Smith, et al.

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)

Robert Gene Cunningham, etc. v. Blue Cross Blue Shield of Texas, etc.

Appellants Robert Gene Cunningham, individually and as representative of the estate of Patricia Maudine Cunningham, deceased, Tracy Jeanne Cunningham Lang, and Robin Lee Cunningham Bishop appeal from the trial court=s grant of summary judgment in favor of Appellee Blue Cross Blue Shield of Texas ("BCBSTX"). We affirm.

II. Factual and Procedural Background[2] <... More...   $0 (10-04-2007 - TX)

State of Texas v. American Arc Management Corporation d/b/a Family Health Secure Care and Secure Health, et al.

On this day came on to be considered the above-entitled and numbered cause in which the State of Texas is Plaintiff and American Arc Management Corporation d/b/a Family Health, Secure Care and Secure Health; Family Care, Inc.; National Association of Preferred Providers; Association Health Care Management, Inc., f/k/a Alternative Health Care Management, Inc f/k/a PPO Association Managers, I... More...   $175000 (08-02-2005 - TX)

James E. Leaf v. CDI Engineering Group, Inc.

Appellant, James E. Leaf, brought a declaratory action seeking a determination that his employer, appellee CDI Engineering Group, Inc. ("CDI"), did not have the legal authority to withhold federal income taxes and social security contributions from his wages. Leaf asserts that he does not consent to be governed by federal statutes that diminish his constitutional privileges and immunities. The ... More...   $0 (01-28-2005 - TX)

Shailesh Gupta, M.D. V. Eastern Idaho Tumor Institute, Inc., et al.

Shailesh Gupta appeals the jury verdict rendered in favor of Eastern Idaho Tumor Institute, Inc. for damages based on breach of fiduciary duty. Appellant contends the contract, on which the damages are based, is unenforceable because (1) the contract is illegal on its face; (2) a condition precedent was not satisfied; and (3) the non-assignment clause contained in the contract was violated. W... More...   $247997 (06-18-2004 - TX)

U.S. ex rel. Ohman v. Primary CareNet

False Claims Act - Three San Antonio, Texas affiliates of Christus Health of Houston have paid the United States $1.36 million to settle claims that the Christus affiliates defrauded Medicare and Medicaid from 1997 through 2000, the Justice Department announced today. The civil settlement resolves allegations that Primary CareNet of Texas (PCN) (also known as Christus Primary CareNet) and Healt... More...   $1360000 (05-08-2003 - TX)

Adriana Cano, M.D. vs. North Texas Nephrology Associates, P.A.

Appellant Adriana Cano, M.D. brought suit against her former employer, appellee North Texas Nephrology Associates ("NTNA"), for breach of contract, fraudulent inducement, and for a declaratory judgment. Appellant moved for a partial summary judgment on the liability portion of her breach of contract claim, which the trial court denied. The case was tried before a jury, and at the close of appellan... More...   $0 (02-13-2003 - TX)

Pybas v. Cigna Healthcare of Texas, Inc.

Medical malpractice - Health Care Liability Act - Medicare HMO - Failure to provide home healthcare services to congestive heart failure patient forced out of the hospital by HMO with resulting complications and wrongful death.... More...   $13000000 (06-28-2002 - TX)

Peter Veeck v. Southern Building Code Congress International, Inc.

The issue in this en banc case is the extent to which a private organization may assert copyright protection for its model codes, after the models have been adopted by a legislative body and become "the law". Specifically, may a code-writing organization prevent a website operator from posting the text of a model code where the code is identified simply as the building code of a city that enacted ... More...   $0 (06-07-2002 - TX)

United States of America, et al. v. Transworld Healthcare, Inc.

False Claims Act Claim - Whistleblower - Plaintiff, a New Jersey businessman, field this qui tam suit on behalf of the United States on the theory that Transworld and its subsidiaries were engaging in a massive kickback scheme in order to generate patient referrals for medication sold and distributed by Transworld. Most of the medicines involved were pre-mixed, unit-dose repiratory medications, i... More...   $10000000 (08-23-2000 - TX)

United States of America, ex rel. Benjamin Kready v. University of Texas Health Sciences Center at San Antonio

Qui tam - False Claims Act - whistleblower action initiated by Mr. Kready against the University of Texas for submitting false bills to Medicare, Medicaid and other federal programs without possessing sufficient documentary evidence to support those claims. Kready's complaint alleged that the Unversity of Texas Medical School at San Antonio submitted claims between January 1990 and December, 1995... More...   $17200000 (06-12-1998 - TX)

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