| State of New York, et al. v. Bristol-Myers Squibb Company, et al. |
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Michigan Attorney General Mike Cox announced today that Michigan will receive over $3 million as part of its settlement with the Bristol-Myers Squibb Company, the makers of Buspar®. The settlement stems from an antitrust case which alleged fraudulent conduct and price-fixing on the part of Bristol-Myers Squibb. "When a company tries to circumvent the market to charge consumer $3000000 (12-17-2004 - NY) |
| Alfred Milton Evans, et al. v. Mike Fogarty, et al. |
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Plaintiffs were providers of outpatient behavioral health services. Defendants are various officers and employees of Oklahoma's state Medicaid Agency (the Oklahoma Health Care Authority). The Oklahoma Health Care Authority pays for medically necessary behavioral health services within the scope of the Medicaid program for qualified recipients. Plaintiffs spoke publicly on a number of issu $16000000 (09-24-2004 - OK) |
| Bill M. v. Health & Human Services |
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The Nebraska Department of Health and Human Services and the Nebraska Department of Health and Human Services Finance and Support (collectively, Nebraska) appeal from the district court's denial of their motion to dismiss based on Eleventh Amendment sovereign immunity. We reverse. I. Bill M. and six other developmentally disabled adults (Plaintiffs) sued Nebraska and various Nebra $0 (05-28-2005 - NE) |
| Charles Houghton, et al. v. Karen Reinertson |
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A number of plaintiffs brought this action to challenge the revised Medicaid eligibility rules of the Colorado Department of Health Care Policy and Financing (Colorado), which now permit consideration of self-funded retirement accounts. Colorado has applied the new rule both to initial applications for benefits and to annual eligibility redeterminations. Plaintiffs brought this action pursuant $1 (08-26-2004 - NM) |
| State of Minnesota v. Benchmark Healthcare of Minneapolis d/b/a Concordia Care Center |
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Minnesota Attorney General Mike Hatch today filed a lawsuit against Concordia Care Center, a Minneapolis nursing home, alleging that it jeopardized the health and safety of its vulnerable adult patients by accepting multiple convicted sex offenders to its nursing home and by condoning the presence of other deplorable conditions. The lawsuit alleges that Concordia, a 94-bed nursing home, a $1 (08-18-2004 - MN) |
| John Doe v. North Mississippi Health Services, et al. |
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The plaintiffs in this class action lawsuit claimed that the defendant charity hospitals were not complying with the law in the way that they went about billing for services provided to the poor and in the way they went about attempting to collect for such services. The plaintiffs basically claimed that non-porfits hospital get tax breaks because they say that they will take case of indigent a $150000000 (08-17-2004 - MS) |
| David M. Pietsch, D.C., et al. vs. Minnesota Board of Chiropractic Examiners. |
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David Pietsch, D.C., seeks review of a decision of the court of appeals affirming the Minnesota Board of Chiropractic Examiners' (the Board) disciplinary action against him based on the Board's conclusion that he engaged in unprofessional conduct in violation of Minn. Stat. § 148.10, subd. 1(a)(11) and (e) (2002). We reverse and remand. Pietsch, a Doctor of Chiropractic, owns and operat $0 (07-26-2004 - MN) |
| Jeannette D. Brown v. Tommy G. Thompson, Secretary, Department of Health and Human Services |
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A recipient of Medicare benefits appeals an order requiring her to reimburse the Secretary of the Department of Health and Human Services for the amount of those benefits, from a malpractice settlement she received from one of her health care providers. The district court concluded that federal law, specifically the Medicare Secondary Payer provisions of the Medicare Act, entitled the Se $280000 (07-08-2004 - VA) |
| Crestview Parke Care Center v. Tommy Thompson, United States Department of Health and Human Services |
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Petitioner Crestview Parke Care Center ("Crestview"), a skilled nursing facility, appeals an order holding Crestview responsible for a $27,600 civil money penalty ("penalty"). Following several inspections of Crestview's Cincinnati facility in 1999, Respondent Centers for Medicare and Medicaid Services ("CMS") determined that Crestview violated several regulations and levied a penalty against C $0 (06-29-2004 - OH) |
| Natividad Pagan, individually and as administrator of the Estate of Filomena Rivera Rodriguez, deceased, v. Columbus Regional Healthcare System |
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Filomena Rivera Rodriguez was a nursing home patient at Marion Memorial Nursing Home in Columbus, Georgia. While a resident in the nursning home, her physical condition deteriorated. She became malnurished and developed pressure sores so severe her leg had to be amputated on Feb. 10, 2000 after she developed gangrene. She died July 18, 2000. Marion Memorial Manor was under state orders to imp $5326000 (06-08-2004 - GA) |
| State of Ohio, et al. v. Bristol-Myers Squibb Company |
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On June 4, 2002, the Attorneys General of 31 states, territories and the District of Columbia filed a lawsuit in federal district court in the District of Columbia against drug manufacturer Bristol-Myers Squibb Company ("Defendant"). The lawsuit, entitled State of Ohio, et al. v. Bristol- Myers Squibb Co., Case Number 1:02CV01080 (D.D.C.), claims that the Defendant violated state and feder $55000000 (06-02-2004 - OH) |
| State of West Virginia v. Dey Inc. |
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West Virginia Attorney General Darrell McGraw today announced a settlement of drug pricing litigation against Dey, Inc., a manufacturer of prescription drugs. Dey, Inc. a unit of Merck KGAA of Germany, agreed to pay three state agencies $750,000 to settle claims that it caused the State to pay higher reimbursements for its drugs. West Virginia alleged that Dey, Inc. of Napa, Californ $750000 (05-17-2004 - WV) |
| United States of America v. Warner-Lambert |
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American pharmaceutical manufacturer Warner-Lambert has agreed to plead guilty and pay more than $430 million to resolve criminal charges and civil liabilities in connection with its Parke-Davis division's illegal and fraudulent promotion of unapproved uses for one of its drug products, Associate Attorney General Robert D. McCallum, Jr. and Massachusetts U.S. Attorney Michael J. Sullivan announ $430000000 (05-13-2004 - MA) |
| Marjorie Parkhurst, Conservatrix (Estate of Matthew Squinobal) v. Patricia A. Wilson-Coker, Commissioners of Social Servicces |
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Special needs trusts are trusts designed |
| United States of America v. Michael Marks |
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On June 26, 2002, Michael Marks pleaded guilty to numerous charges arising out of his distribution of prescription drugs to acquaintances, primarily troubled teenage girls. Marks appeals his sentence, alleging that the district court improperly included drugs personally consumed by Marks in its calculation of the total amount of drugs at issue. We affirm. I. Factual and Procedural Background $0 (04-30-2004 - ME) |
| Fairbanks North Star Borough v. Dena' Nena' Henash a/k/a Tanana Chiefs Conference, Inc. |
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Tanana Chiefs Conference, Inc. (TCC), also known as Dena' Nena' Henash, is a regional Native nonprofit corporation that uses its properties in the Fairbanks North Star Borough to provide health, social, community development, and similar services throughout Interior Alaska. When TCC sought charitable-purposes tax exemptions for some of its properties, the borough assessor denied TCC's appli $0 (04-02-2004 - AK) |
| Clella Jean Gryder v. Steven D. Gryder. |
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Appellant Steven D. Gryder, ("Husband") appeals the Circuit Court's judgment dissolving his marriage to Clella Jean Gryder ("Wife"). Specifically, he alleges the trial court failed to classify and allocate certain real estate payments, and thereby failed to consider the requirements for disposition of marital property delineated in section 452.330. (FN1) The parties in this matter were marri $0 (03-29-2004 - MO) |
| Covenant Care, Inc., et al. v. The Superior Court of Los Angeles County, et al. |
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We granted review in this matter to resolve a conflict among the Courts of Appeal as to whether the procedural prerequisites to seeking punitive damages in an action for damages arising out of the professional negligence of a health care provider, codified at Code of Civil Procedure section 425.13, subdivision (a) (section 425.13(a)), apply to punitive damage claims in actions alleging elde $0 (03-26-2004 - CA) |
| Melvin Benson v. Casey Industrial and Argonaut Insurance. |
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Melvin Benson appeals from an order of a review panel of the Nebraska Workers' Compensation Court affirming the trial court's order regarding Benson's petition for damages he allegedly sustained while working for Casey Industrial (Casey) on January 15, 2001. The trial court found that Benson had reached maximum medical improvement (MMI), that Benson was no longer entitled to temporary benefits, an $0 (02-20-2004 - NE) |
| Andrew G. Evans v. Department of Social Services |
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The issue presented in this appeal is whether a medical incapacity prohibiting an individual from accessing an asset or informing another of the asset's existence renders the asset inaccessible for state administered general assistance (general assistance program) eligibility purposes. General Statutes §§ 17b- 111 and 17b-257. Under the circumstances of this case, we conclude that the $0 (01-12-2004 - CT) |
| Ridgecrest Retirement & Healthcare d/b/a Ridgecrest Retirement Center, Ltd. v. Darlyn Jill Urban, Individually, and as Representative of the Estate of Donald G. Marker, et al. |
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Plaintiffs/appellees, Darlyn Jill Urban, individually, and as representative of the estate of Donald G. Maker, and Richard J. Maker, individually, sued defendant/appellant, Ridgecrest Retirement & Healthcare d/b/a Ridgecrest Retirement Center, Ltd. ("Ridgecrest"), for negligence in its care of Donald G. Maker ("Maker"). A jury returned a verdict awarding $999,999.99 to Maker's estate, but foun $0 (01-08-2004 - TX) |
| Midwest Neurosurgery v. State Farm Ins. Cos. |
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These consolidated appeals involve a claim by a physicians' group, Midwest Neurosurgery, P.C. (Midwest), to part of the proceeds of a settlement between Debbie Lundin, its patient, and State Farm Insurance Companies (State Farm) for Lundin's tort claim for injuries sustained in an automobile collision with an insured of State Farm. Midwest supplied medical services to Lundin that were billed at $2 $0 (01-06-2004 - NE) |
| Mari Ann Dyet v. William Shane McKinley |
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1 This is a personal injury case arising out of an automobile collision. Mari Ann Dyet (Dyet) was a passenger in her own vehicle which was being driven by her daughter, Charlotte Hansen (Hansen). Shane McKinley (McKinley) was driving the other car involved in the collision. A jury awarded Dyet damages and both parties appeal. The primary issues on appeal are the admissibility of evidence o $400000 (12-04-2003 - ID) |
| Mari Ann Dyet v. William Shane McKinley |
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This is a personal injury case arising out of an automobile collision. Mari Ann Dyet (Dyet) was a passenger in her own vehicle which was being driven by her daughter, Charlotte Hansen (Hansen). Shane McKinley (McKinley) was driving the other car involved in the collision. A jury awarded Dyet damages and both parties appeal. The primary issues on appeal are the admissibility of evidence of r $284334 (12-05-2003 - ID) |
| Jayne Steele and Mary Steele, Successor Copersonal Representatives of the Estate of Charles E. Steele II, deceased, appellants and cross-appellees, v. Rita C. Sedlacek, Personal Representative of the Estate of Lisa M. Sedlacek, deceased, appellee and cross-appellant. |
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This wrongful death action is before this court for a second time. In Steele v. Sedlacek, 261 Neb. 794, 626 N.W.2d 224 (2001), modified 262 Neb. 1, 626 N.W.2d 224, we reversed the decision of the Nebraska Court of Appeals, which had affirmed the trial court's denial of a motion for directed verdict. We remanded with directions to enter a directed verdict in favor of the estate of Charles E. Steele $0 (11-21-2003 - NE) |
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