| St. Francis Medical Center v. W. Edward Reeves |
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St. Francis Medical Center ("Hospital") sued Edward and Jennifer Reeves, husband and wife (collectively "Defendants"), to collect what it alleged were unpaid medical bills relating to the birth of Defendants' child, James Reeves. Hospital's petition averred facts suggesting a recovery based upon the legal theories of express contract and action on an account. Following a bench trial, the trial cou $0 (01-05-2012 - MO) |
| Charles Haskell v. Seven Acres Jewish Senior Care Services, Inc. |
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Appellant, Charles Haskell, appeals from the trial court’s dismissal of his suit against appellees, Seven Acres Jewish Senior Care Services, Inc. and Authorine Laverne Mason. The trial court determined that the documents served by Haskell purporting to comply with the requirements of section 74.351 of the Civil Practice and Remedies Code were so deficient that they did not, in fact, comply $0 (01-05-2012 - TX) |
| Scott Katzman, M.D. v. Rediron Fabrication, Inc. |
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Petitioner has moved for rehearing, rehearing en banc, clarification, and for certification of a question of great public importance. The Florida Justice Association has filed an amicus brief raising new issues that were not brought by the parties. The amicus acknowledges that this court cannot decide the case b a s e d on its newly-raised arguments. Nevertheless, it asks that this court clarify t $0 (12-21-2011 - FL) |
| M.R. v. Susan Dreyfus |
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Plaintiffs, Washington State Medicaid beneficiaries with severe mental and physical disabilities, appeal the district court’s denial of their motion for a preliminary injunction. Plaintiffs seek to enjoin the operation of a regulation promulgated by Washington’s Department of Social and Health Services (“DSHSâ€) that reduces the amount of in-home “personal care servi $0 (12-16-2011 - WA) |
| H. Donald Hudson v. Alyson Campbell |
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The district court1 dismissed Greta Arlene Hudson’s § 1983 claim against the Directors of the Missouri Family Support Division and Department of Social Services 1The Honorable Nanette K. Laughrey, United States District Judge for the Western District of Missouri. |
| Mayola Williams v. R.J. Reynoldes Tobacco Company |
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2 This is a certified appeal from the Court of Appeals. See ORS 19.405 |
| Mayola Williams v. R.J. Reynoldes Tobacco Company |
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The judgment of the circuit court in Williams v. Philip Morris (CC970503957) is reversed, and the case is remanded for entry of a judgment consistent with this opinion. The post-judgment order in State v. American Tobacco Co. (CC 970604457) is reversed. *Balmer and Landau, JJ., did not participate in the consideration or decision of this case. 1 1 DE MUNIZ, C. J. 2 This is a certified appeal from $0 (12-02-2011 - OR) |
| Tulsa Area Hospital Council, Inc. v. Oral Roberts University |
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¶1 The Tulsa Area Hospital Council, Inc., an Oklahoma non-profit corporation, appealed to the District Court of Tulsa County from an order of the Oklahoma Health Planning [626 P.2d 318] Commission [OHPC]. OHPC granted a certificate of need, pursuant to 63 O.S.Supp. 1975 § 2651 ,1 to Oral Roberts University [ORU] for the construction of a 294-bed hospital in which holistic medicine would be p $0 (04-09-1981 - OK) |
| Michael Bills v. Patsy A. Hardy |
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Michael Bills appeals from the June 24, 2010, order of the Circuit Court of Kanawha County affirming the decision of the Respondent West Virginia Department of Health and Human Resources (“DHHRâ€) that Petitioner was not eligible for the Mentally Retarded/DevelopmentallyDelayed Home and Community-Based Waiver Program(“Waiver Program).â€1 As grounds for his appeal, Mr. Bills a $0 (11-18-2011 - WV) |
| United States of America v. Merck, Sharp & Dohme |
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American pharmaceutical company Merck, Sharp & Dohme has agreed to pay $950 million to resolve criminal charges and civil claims related to its promotion and marketing of the painkiller Vioxx® (rofecoxib), the Justice Department announced today. Under the terms of the resolution, Merck will plead guilty to a one-count information charging a single violation of the Food Drug and Cosmetic Act $950000000 (11-23-2011 - MA) |
| Marica O'Connor v. Combined Insurance Company of America |
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Plaintiff Marcia O’Connor seeks to recover on insurance policies insuring the health of her since-deceased son, Mitchell Prybyla. Although the policy applications identify Prybyla as the insured and as the applicant for insurance, and the applications contain purported signatures of Prybyla in those capacities, the policies were in fact obtained by Prybyla’s friend without Prybylaâ $0 (10-14-2011 - MI) |
| John Pfeifer v. State of Alaska |
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An elderly woman requiring long-term medical care gave $120,000 to her son in February 2007. The mother believed that the gift would not prevent her from receiving Medicaid coverage if she lived long enough to exhaust her remaining assets. She relied on a provision in Alaska’s Medicaid eligibility manual that suggested prospective Medicaid beneficiaries could give away a portion of their as $0 (09-23-2011 - AK) |
| Homestyle Direct, LLC v. Department of Human Services |
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SCHUMAN, P. J. |
| The Estate of Nettie Irons v. Arcadia Healthcare, L>C d/b/a Dove Healthcare of Lake Wales |
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The Estate of Nettie Irons appeals a nonfinal order compelling arbitration of claims under the wrongful death and nursing home statutes against Arcadia Healthcare, L.C. See§ 400.023, 768.21, Fla. Stat. (2009). We have jurisdiction. See Fla. R. App. P. 9.130(a)(3)(C)(iv). The Estate argues that Mrs. Irons' power of attorney did not authorize her surrogate to consent to arbitration. We agree and $0 (08-03-2011 - FL) |
| Joseph R. Diaz v. Janice K. Brewer |
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The State of Arizona appeals the district court’s order granting a preliminary injunction to prevent a state law from taking effect that would have terminated eligibility for healthcare benefits of state employees’ same-sex partners. In a published opinion, the district court found that the plaintiffs demonstrated a likelihood of success on the merits, because they showed that the la $0 (09-06-2011 - AZ) |
| Pamela J. Harris v. Governor Pat Quinn |
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The plaintiffs in this appeal provide in-home care for people with varying levels of disabilities and other health needs. They present a narrow question: Does a collective bargaining agreement that requires Medicaid home-care personal assistants to pay a fee to a union representative violate the First Amendment, regardless of the amount of those fees or how the union uses them? We hold that it doe $0 (09-01-2011 - IL) |
| Anna Montes v. Steven Filley |
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Anna Montes and Steven Filley divorced in 2004. The divorce decree appointed them as joint managing conservator and granted Filley the right to designate the primary residence of the children. There was no order for direct payment of child support; instead each parent was to support the children during their respective periods of possession. The decree specified that any medical expenses incurred $0 (08-31-2011 - TX) |
| Gloria L. Rodas v. John Seidlin, M.D. |
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Gloria Rodas’s appeal presents an important question about the meaning of a provision of the Illinois Good Samaritan Act, 745 ILCS 49/1 et seq., in a case that was removed to federal court under the federal officer removal statute, 28 U.S.C. § 1442. The state-law question is whether and under what circumstances the protections of the Good Samaritan Act turn on the business model physicia $0 (08-31-2011 - IL) |
| Sharon Newton-Nations v. Donald McCants |
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Plaintiff-Appellants (“Plaintiffsâ€) are a class of economically vulnerable Arizonans who receive public health care benefits through the state’s Medicaid agency. In 2003, Arizona’s Medicaid agency notified Plaintiffs that their copayments would be increased, and that these increased copayments would be mandatory, allowing providers to decline to serve them if they could n $0 (08-24-2011 - AZ) |
| Richard Chesbrough, M.D. v. VPA, P.C. |
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Dr. Richard and Kim Chesbrough appeal the district court’s grant of the motion of Visiting Physicians Association, P.C. (“VPAâ€) to dismiss their lawsuit alleging violations of the Federal False Claims Act (“FCAâ€), 31 U.S.C. § 3279 et seq., and the Michigan Medicaid False Claim Act. The Chesbroughs allege as qui tam relators on behalf of the United States that VPA $0 (08-23-2011 - MI) |
| Planned Parenthood Arizona, Inc. v. American Association of Pro-Life Obstetricians & Gynecologists |
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¶1 This case requires us to decide whether four statutory provisions that regulate the performance of abortions violate the equal protection or privacy clauses of the Arizona Constitution. The trial court granted Planned Parenthood of Arizona (“PPAZâ€) a preliminary injunction barring the enforcement of portions of A.R.S. §§ 36-2152 through -2155. We hold that the statutes at i $0 (08-11-2011 - AZ) |
| David Maxwell-Jolly v. Jennifer Martin |
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This case presents one purely legal question: which statute of limitations applies when a person who received health care services funded by Medi-Cal during her or his lifetime dies with assets held in trust, and the Department of Health Care Services (DHCS) seeks to recover the Medi-Cal payments from the trustee and distributees of the trust. Appellants, the trustee and distributees of the trust, $0 (08-11-2011 - CA) |
| Annett Holdings, Inc. v. Kum & Co., L.C. |
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A dishonest employee of a trucking company put money in his pocket while claiming to be buying fuel for his fellow employees. This fraud was perpetrated at a truck stop, where the employee used his company credit card to obtain cash while reporting purchases of fuel. The truck stop paid out the cash, accepting the employee’s bogus explanation that the money was for other employees’ f $0 (07-08-2011 - IA) |
| Juan Ayala v. Blanca Edit Ayala |
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In this restricted appeal, appellant, Juan Ayala (Juan), appeals from a default divorce decree dissolving his marriage to appellee, Blanca Edit Ayala (Blanca). In nine issues, Juan contends that (1) he is entitled to review by restricted appeal and that the evidence is insufficient to support: (2) the imposition of retroactive child support; (3) the assessment of child support; (4) the imposition $0 (07-21-2011 - TX) |
| The Estate of Donovan Donald v. Kalispell Regional Medical Center |
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¶1 Donovan Donald (Don) was incapacitated after receiving a traumatic brain injury in an automobile accident in May 2006. His mother, Kathryn Donald (Kathryn), was appointed as guardian and conservator of his Estate. After several months of treatment in Kalispell Regional Medical Center (KRMC or the Medical Center), Don was transferred to another care facility in Missoula, Montana. In the meant $0 (07-14-2011 - MT) |
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