| Tondi Holt v. Albemarle Regional Health Services Board, et al. |
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Tondi Holt ("plaintiff") appeals the trial court's grant of Albermarle Regional Health Services Board's ("ARHS") and Jerry L. Parks's ("Parks") (collectively "defendants") motion for summary judgment. After careful consideration, we affirm. In early 2004, plaintiff was employed as a Finance Officer for ARHS. She was also involved with the personnel department and helped develop and i $0 (01-15-2008 - NC) |
| Katelyn Andrews v. Vanessa P. Haygood, M.D., et al. |
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Katelyn Andrews ("Katelyn") was injured at birth. Katelyn, through her Guardian ad Litem, brought suit against her doctors and the hospital at which she was delivered for medical malpractice. Katelyn's parents also brought suit against the same parties and on the same allegations in their individual capacities, with an additional claim of negligent infliction of emotional distress. Katelyn and her $0 (01-15-2008 - NC) |
| Chris Eugene Darrow v. Integris Health, Inc. |
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1 The question presented is whether the Court of Civil Appeals (COCA) erred when it affirmed the trial judge's decision that granted appellee's (Integris Health, Inc.) motion to dismiss the action for failure to state a claim upon which relief can be granted?2 We answer in the affirmative. I. THE ANATOMY OF LITIGATION 2 Chris Eugene Darrow (Darrow) brought suit against his for $0 (01-15-2008 - OK) |
| David Arnold, et al. v. Ronald Lebel, in his capacity as acting director of the Rhode Island Department of Human Services |
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Chief Justice Williams, for the Court. In this declaratory-judgment action, the defendant, Ronald Lebel, in his capacity as acting director of the Rhode Island Department of Human Services (DHS), appeals from an order granting declaratory relief to the plaintiffs, David Arnold and Pauline Belanger (plaintiffs). In addition, Arnold cross-appeals from a portion of the judgment allowing cert $0 (12-24-2007 - RI) |
| Lisa Marie Zavala, et al v. El Paso County Hospital District, etc., et al. |
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| Alliance Health of Santa Teresa, Inc., etc. v. National Presto Industries, Inc. and The Araz Group |
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| Jeff Blakeman v. Michael Astrue |
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Forty-seven-year-old Jeff Blakeman applied for Social Security disability benefits in July 2003, claiming a disability onset date of October 1, 1997. He suffers from a genetic heart condition that allegedly causes disabling fatigue, dizziness, shortness of breath, and arrhythmia. The administrative law judge (ALJ) held a hearing on December 13, 2004, and found Blakeman not disabled. The A $0 (12-10-2007 - SD) |
| Douglas B. Stalley, on behalf of the United States v. Catholic Health Initiatives, etc. |
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In these two consolidated appeals we consider whether a plaintiff who has alleged no injury to himself has standing to bring suit under the Medicare Secondary Payer statute, 42 U.S.C. § 1395y(b)(3)(A). Because we conclude that the suit authorized by the statute is a private cause of action, which requires the plaintiff to have standing in his own right, rather than a qui tam statute, which $0 (11-28-2007 - AR) |
| PTS Healthcare, Inc. v. Mid-Century Insurance Company |
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1 Appellant PTS Healthcare, Inc., appeals from the Trial Court's order sustaining Appellee Mid-Century Insurance Company's motion for summary judgment. This appeal is assigned to the accelerated docket pursuant to Oklahoma Supreme Court Rule 1.36, 12 O.S. Supp. 2003, ch. 15, app. 1. Based on our review of the record on appeal and applicable law, we affirm. BACKGROUND FACTS 2 On April 3, 2 $0 (10-24-2007 - OK) |
| Lakisha Reynolds, et al. v. Rudolph Giuliani, et al. |
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Ordinarily the state and federal governments, under whose parallel jurisdiction we all live, rub along together pretty well. When they conflict, it is unlike when "ignorant armies clash by night" as Matthew Arnold famously phrased it. Instead there is forethought, policy considerations and, as here, legal argumentation. This appeal presents an occasion when the powers confided to $0 (11-14-2007 - NY) |
| Sue Doe v. Linda Kidd; et al. |
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Sue Doe, who has developmental disabilities including epilepsy, mild mental retardation, and cerebral palsy, filed this action concerning her application for Medicaid services from the state of South Carolina. The district court granted summary judgment to Appellees: the South Carolina Department of Disabilities and Special Needs, the South Carolina Department of Health and Human Services, $0 (09-25-2007 - SC) |
| Emergency Physicians Integrated Care v. Salt Lake County |
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1 Emergency Physicians Integrated Care ("EPIC") is a Utah limited liability corporation formed for the purpose of providing billing and collection services to various emergency physicians around Utah. EPIC sued Salt Lake County (the "County") under a theory of quantum meruit, seeking compensation for medical services its physicians provided to county inmates. The district court entered su $0 (09-10-2007 - UT) |
| Oklahoma Oncology & Hematology v. US Oncology, Inc. |
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1 The basic question in this appeal and the consolidated original action is whether the district court erred in sending all claims in this suit to arbitration. We find the district court erred in compelling arbitration and reverse the arbitration order. We remand this case to the district court with instructions. I. The Proceedings Below 2 The following are basic facts gleaned from $0 (03-15-2007 - OK) |
| Sylvia CASAS, Robert Gundling, and Substantively Consolidated Bankruptcy Estates of Fountain View, Inc., as Successor to Summit Care Corp. and Summit Care Texas, L.P. d/b/a Comanche Trail Nursing Center, v. Rosamarie PARADEZ, as the Administrator and Heir at Law of the Estate of Tranquilino Mendoza, Deceased |
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This appeal involves a medical malpractice survival action brought by the decedent's daughter, Appellee Rosamarie Paradez. The decedent, Tranquilino Mendoza, was eighty-one years old and residing in the Comanche Trail Nursing Center in Big Spring, Texas, when he was injured by his roommate. On appeal, all three appellants, Sylvia Casas, Robert Gundling, and Substantively Consolidated Bankrup $10000000 (09-05-2007 - TX) |
| Catherine Issac, et au. v. Jameson Memorial Hospital |
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1 In this appeal, we are asked to determine, in an action alleging lack of informed consent, the relevance of Medicaid regulations which set forth the parameters of informed consent to sterilization procedures required for federal reimbursement of those procedures. For the reasons that follow, we hold that they are not relevant, and thus affirm the judgment entered against Catherine Isaac $0 (08-22-2007 - PA) |
| State of Texas v. Emeritus Corporation |
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Texas Attorney General Greg Abbott reached a Medicaid fraud settlement with one of the nation's largest assisted living facility operators in Texas. Seattle-based Emeritus Corp. has remitted $1.86 million to Texas to resolve the company's false and inaccurate billing to the Medicaid program. According to the Attorney General's investigation, Emeritus deprived its residents of legally required a $1860000 (08-29-2007 - TX) |
| JoAnn Buytendorp v. Extendicare Health |
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JoAnn Buytendorp appeals the district court's2 grant of summary judgment in favor of her employer, Extendicare Health Services, Inc. ("Extendicare"), in this diversity action under the Minnesota Whistleblower's Act, Minn. Stat. §§ 181.931 to 181.935 ("the Act"). Extendicare cross-appeals the district court's denial of a motion requesting permission to amend a scheduling order to permit a m $0 (08-19-2007 - MN) |
| Alice Fisher v. James F. Barclay,Esq.and Ruden,McClosky,Smith,Schuster&Russell.P.A. |
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Legal malpractice - Plaintiff signed contract to recapture withheld funds and stop termination of her 20 yr. Medicaid Provider Number. Plaintiff claimed Defendant failed to file necessary hearing request and as a result she was forced to close her 20 yr. Adult Day Care.Further, when she questioned additional bill, she was immediately terminated Defendant argued Plaintiff neglected opportunity $0 (06-22-2007 - FL) |
| United States of America ex rel. Edward Bogart, et al. v. King Pharmaceuticals, et al. |
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Appellant/Relator Edward Bogart ("Bogart") commenced this qui tam litigation on behalf of the United States, the District of Columbia, and ten states with qui tam legislation.1 Appellees King Pharmaceuticals and Monarch Pharmaceuticals (collectively, "King") ultimately settled the claims of the jurisdictions with qui tam statutes, and Bogart was paid counsel fees and expenses of approxim $0 (07-17-2007 - PA) |
| United States of America v. Jazz Pharmaceuticals, Inc. |
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Jazz Pharmaceuticals, Inc. (Nasdaq: JAZZ) today announced a comprehensive settlement agreement with the United States, including the Department of Justice, the United States Attorney's Office, Eastern District of New York, the Office of the Inspector General of the United States Department of Health and Human Services, the United States Office of Personnel Management and the United States Departme $20000000 (07-13-2007 - NY) |
| Katie A., et al. v. Los Angeles County, et al. |
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Defendants, the Director of the California Department of Health Services ("DHS") and the Director of the California Department of Social Services ("DSS"), appeal from the district court's grant of a preliminary injunction ordering them to screen members of a statewide class of foster children1 and, where medically necessary, provide the children with the forms of mental health care known $0 (03-23-2007 - CA) |
| Chicago District Council of Carpenters Rx, Inc. v. Caremark, Inc. and Caremark RX, Inc. |
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The Chicago District Council of Carpenters Welfare Fund ("Carpenters") sued Caremark, Inc. and its parent company Caremark Rx, Inc. (collectively "Caremark") for breach of fiduciary duties under 29 U.S.C. § 1106(b) of the Employee Retirement Income Security Act of 1974 ("ERISA").1 The district court determined that Caremark was not an ERISA fiduciary and therefore granted Caremark's moti $0 (01-22-2007 - IL) |
| Oklahoma Chapter of the American Academy of Pediatrics, et al. v. v. Michael Fogarty, Chief Executive Officer of the Oklahoma Health Care Authority, et al. |
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Plaintiffs, two organizations and thirteen children and their parents representing a class of individuals, filed suit under 42 U.S.C. § 1983 claiming that defendants, officials of the State of Oklahoma and the Oklahoma Health Care Authority, violated various provisions of the Medicaid Act by failing to provide Medicaid-eligible children in the State of Oklahoma with necessary health care servi $0 (01-04-2007 - OK) |
| Cleveland Tyson, et al. v. Americgroup, Illinois, Inc., et al. |
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Illinois Attorney General Lisa Madigan and United States Attorney Patrick J. Fitzgerald today announced a federal jury returned a $48 million dollar verdict against Amerigroup Illinois and Amerigroup Corporation. The jury found both companies liable for systematic and extensive fraud in the Medicaid program, which is funded jointly by the federal and state governments. From 2000-2004 $48000000 (11-02-2006 - IL) |
| Kamaljit S. Paul, Doctor, v. theda Medical Center, Inc. |
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Dr. Kamaljit S. Paul, an Asian- Indian man, sued Theda Clark Medical Center ("Theda Clark"), claiming that he was discriminated against because of his race in violation of 42 U.S.C. § 1981 and Title VI of the Civil Rights Act of 1964, 42 U.S.C. § 2000d. Dr. Paul also claimed that Theda Clark breached its own bylaws by denying him active staff membership at the medical center. The distr $0 (10-17-2006 - WI) |
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