Nursing Law
 
Kenneth L. Ramsey and Sarah K. Ramsey v. Louisiana State Racing Commission

This Court is called upon to determine the outcome of a horse race.
Specifically, this litigation regards which horse – “Coalport” or “Benwill” –
won the September 6, 2014, “Unbridled Stakes” at Louisiana Downs
racetrack in Bossier Parish, Louisiana. The appellees are Kenneth Ramsey
and Sarah Ramsey (the “Ramseys”), who own Coalport. The appellant is

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DANICA HARRIS v. KANSAS DEPARTMENT FOR CHILDREN AND FAMILIES

Harris, a certified nursing assistant at Sunflower Supports Company (Sunflower), was a caregiver of J.H. who suffers from Down syndrome, Alzheimer's disease, and has limited vision. Harris took J.H. shopping for groceries and upon carrying the groceries inside, left J.H. momentarily unattended and buckled into the van seat. J.H. unbuckled her belt, stood up, fell out of the van, and suffered a cut

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Damian Stinnie v. Richard D. Holcomb

This case arises out of a constitutional challenge to Virginia Code § 46.2-395, pursuant to which anyone who fails to pay court costs or fines imposed after a conviction is subject to suspension of his or her driver’s license. Plaintiffs Damian Stinnie, Demetrice Moore, Robert Taylor, and Neil Russo owe court debts and, because of their inability to pay, have had their licenses suspended. They

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Patricia Theriault v. Genesis Healthcare, LLC

Plaintiff-appellant Patricia
Theriault bills this case as one in which the district court
ignored the teachings of the Maine Supreme Judicial Court (known
in its appellate capacity as the Law Court) and improperly relied
on the McDonnell Douglas framework, see McDonnell Douglas Corp. v.
Green, 411 U.S. 792 (1973), when granting her employer's motion
for summary judgment. At

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Tommy Dowdy and Sharon Morris-Dowdy v. Metropolitan Life Insurance Company

In 2014, Appellant Tommy Dowdy suffered a serious
injury to his left leg as the result of an automobile accident.
His leg was eventually amputated below the knee. Mr.
Dowdy and his wife, Sharon Morris-Dowdy, sought
accidental dismemberment benefits under an employee
welfare benefit plan governed by the Employee Retirement
Income Security Act of 1974 (“ERISA”). Appellee<

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United States ex rel. John Simons and Lewis Cook v. Health and Palliative Services of the Treasure Coast, Inc.

Miami, FL - Health and Palliative Services of the Treasure Coast, Inc., The Hospice of Martin and St. Lucie, Inc., and Hospice of the Treasure Coast, Inc. Paid $2.5 Million to Settle False Claims Allegations

Health and Palliative Services of the Treasure Coast, Inc., The Hospice of Martin and St. Lucie, Inc., and Hospice of the Treasure Coast, Inc. have paid $2.5 million to settle allega

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State of Tennessee v. Justus Onyiego

In January 2015, the Shelby County Grand Jury indicted the Appellant for two counts of aggravated rape based upon alternative theories. The indictment alleged the rapes occurred in September 2004, and the Appellant’s jury trial began on June 1, 2016. Although the Appellant does not contest the sufficiency of the evidence, we will summarize the evidence presented at trial.
The thirty-seven-y

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United States of America v. Joan Cicchiello

Harrisburg, PA - Former Registered Nurse Sentenced To Six Years’ Imprisonment For Health Care Fraud

Joan Cicchiello, age 67, of Annville and Mount Carmel, Pennsylvania, was sentenced on May 9, 2018, to 72 months’ imprisonment and three years of supervised release by United States District Court Judge John E. Jones, II on Health Care Fraud related charges.

According to Unit

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Christopher Alexander v. Scripps memorial Hospital La Jolla

This case raises issues concerning the legal obligations imposed on health care
providers when a patient's health care directives conflict with the providers' opinions that
the requested care would be medically ineffective and may cause harm. Elizabeth
Alexander, a 70-year-old woman suffering from end-stage terminal pancreatic cancer,
died four days after she was transferred from a

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Betty Schultz, et al. v. Rainbow Health Care Center, et al. Morelaw Internet Marketing for Legal Professionals We Turn Your Successes Into Marketing Call Today! 888-354-4529

Bristow, OK - Betty Schultz, personal representative of Dotothy Jean Earnhart, deceased, sued Rainbow Health Care Centern on a negligence wrongful death theory.

Plaintiff's Petition alleged the following:


COMES NOW the Plaintiff, Betty Schultz, individually and as Personal Representative of the Estate of Dorothy J. Earnhart and for her claims against the Defendants, states

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Lenworth Bailey v. Rocky Mountain Holdings, LLC, Air Methods Corporation

The Airline Deregulation Act (“ADA”) provides that “a State, political
subdivision of a State, or political authority of at least 2 States may not enact or
enforce a law, regulation, or other provision having the force and effect of law
related to a price, route, or service of an air carrier.” 49 U.S.C. § 41713(b)(1).
This language expresses a broad preemptive intent that

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Frances Dehoyos v. Golden Manor Apartments

Golden Manor is a senior citizen living facility located in Hammond, Indiana.
During the winter of 2013, Golden Manor’s maintenance staff would generally
arrive at work at 8:00 a.m. to inspect the parking lot and sidewalk for ice and
snow. In its response to Dehoyos’ interrogatories, Golden Manor indicated
that its policy was to have staff also apply salt to sidewalks as

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State of Tennessee v. Mainor Celin Avilez Canales

The Defendant was charged with aggravated rape after he was seen carrying the semi-conscious and beaten victim across the parking lot of a bar. The victim, who was severely intoxicated at the time she was assaulted, could not recall the particulars of the assault. At trial, the Defendant asserted that he did not have intercourse with her and that her injuries were the result of a fall.

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STATE OF KANSAS v. ANDRE NIGEL KING

The events occurring between King and his estranged wife, M.K., on May 3, 2014, resulted in the State charging King with one count of rape in violation of K.S.A. 2013 Supp. 21-5503, and one count of aggravated kidnapping in violation of K.S.A. 2013 Supp. 21-5408(b). The jury was unable to reach a verdict on the rape count but found King guilty of aggravated kidnapping.

In order to unde

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WHITE RIVER HEALTH SYSTEM, INC., d/b/a WHITE RIVER MEDICAL CENTER, ET AL. v. MADELINE LONG, AS SPECIAL ADMINISTRATRIX OF THE ESTATE OF DANIELLE TOTH, DECEASED

On January 20, 2012, Randall Johnson, as special administrator of the estate of Danielle
Toth, deceased, filed this action against multiple defendants, including WRMC, asserting
claims for wrongful death and medical negligence.1 WRMC answered the complaint, denied
the allegations of negligence, and pled that it was a charitable, nonprofit organization entitled
to immunity from

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United States of America v. Shomari Robinson

Madison, WI - Madison Man Sentenced for Gun Crime

Shomari Robinson, 37, Madison, Wisconsin, was sentenced Friday, April 27, by U.S. District Judge William M. Conley to 96 months in federal prison for being a felon in possession of a firearm. Robinson pleaded guilty to this charge on February 9, 2018.

Robinson entered a nursing home in DeForest, Wisconsin, on August 29, 2017

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GranCare, LLC v. D/b/a VAle Healthcare Center v. Ruth Thrower

Defendant-Appellant GranCare LLC (“GranCare”)
removed a diversity case to federal court, arguing that the
sole non-diverse defendant, nursing home administrator
Remy Rhodes, was fraudulently joined as a defendant in
order to defeat diversity and prevent removal. The district
court remanded the case and awarded costs and attorney’s
fees to Plaintiffs pursuant to 28 U.S

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United States of America v. Daniel Glick

Chicago, IL - Chicago Investment Advisor Sentenced to More Than 12 Years in Federal Prison for Misappropriating $5.2 Million in Client Funds

A Chicago investment advisor was sentenced on April 17, 2018 to more than 12 years in federal prison for stealing $5.2 million from several clients, including his elderly in-laws.

DANIEL GLICK, who owned three accounting and financial servic

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ESTATE OF WAYNE KENNETH DUCHENEAUX vs. DOUGLAS D. DUCHENEAUX

A detailed summary of the facts underlying this case are outlined in Estate of Ducheneaux v. Ducheneaux, 2015 S.D. 11, 861 N.W.2d 519. Wayne Ducheneaux died testate on November 18, 2011, leaving six children. On January 6, 2009, Wayne executed a will dividing his estate equally among his five
daughters1 while “intentionally making no provisions . . . for [his] son Douglas Ducheneaux,” w

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DARREN LEON DUNCAN V. STATE OF ARKANSAS

Darren Duncan was convicted of capital murder in connection with the death of
Courtney London. The State waived the death penalty, and therefore Duncan received a
life sentence without the possibility of parole as required by law. Duncan makes a single
argument on appeal. He contends that the trial court erred in allowing Latrenda Gibson to
testify and, in the alternative, in d

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VIRGINIA ANN HYATT V. STATE OF ARKANSAS

Virginia and her husband, James Hyatt (“James”), met Patricia and her husband, Ray
Wheelington,2 at the Guys & Dolls Club (the “Club”) in Texarkana, where Patricia and
Ray taught square dancing. Virginia and James attended dances and lessons at the Club. In
2009, James and Patricia began having an affair.
James, along with several members of the Club—Eddy “Reese”

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PHILLIP DERON WASHINGTON V. MAGNOLIA MANOR NURSING HOME AND REHAHABILITATION, L.L.C., ET AL

Willie P. Pennywell (“Pennywell”) was a resident at Magnolia Manor
Nursing Home located in Shreveport. On February 27, 2014, Pennywell was
taken to the Emergency Room at Willis Knighton Medical Center
(“WKMC”) after he was found bleeding from the mouth. Dr. Jacquelyn
Bowers, the emergency room physician, consulted with Dr. Christopher
Atkins, who extracted a dete

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Raad Al-Shaikh v. State Department of Health Care Services

When Dr. Raad Al-Shaikh, an orthopedic surgeon, moved his Fremont practice a
couple of miles from its original location, he applied to the Department of Health Care
Services (DHCS), pursuant to Medi-Cal regulations, for approval of his new office as an
“established place of business.” He had been an approved Medi-Cal provider at his prior
location for six years. Much to Dr. Al-

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JAMES CARL PAFFORD V. STATE OF ARKANSAS

Pafford sexually abused then twelve-year-old M.W. on two occasions in February
2015. Both encounters took place at Pafford’s home. M.W. confided in his grandmother
and a child-abuse-hotline call was made. Because M.W. lived primarily in the same home as
Pafford, the call was of high priority and M.W. was immediately interviewed. From there,
the investigation continued and was

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Robin Austin v. Walgreen Company

Robin Austin sued Walgreen Co. after she slipped and fell at a Walgreens store in northwest-ern Indiana, breaking her knee. A magistrate judge, presid-ing by consent, granted summary judgment to Walgreen. For the reasons set forth below, we affirm.
2 No. 17-2629
I. Background
On a cold January day, Robin Austin went to a
Walgreens store in Hebron, Indiana. When she arrived, a
s

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