Archive for the ‘Federal’ Category

A Breach of Trust: WWII Veteran Wrongfully Denied Coverage

November 11, 2013

WWII Veteran known for his integrity and love of family, he worked hard his entire life to give them the best upbringing and memories he possibly  could.  He taught his young ones to always be honest and to keep their word without hesitation.  To him, that was ultimately important and his example served well.

Little did he know, as he raised his children in honor and honesty, that  one day he would be the victim of a breach of trust by one, who should  have been his champion, during a devastating medical crisisHe trusted  and he was betrayed.  Never again shall his life be as once promised.

 Deceit won the battle that day, but the truth was not conquered. 

Truth fights on and strives to win the war against those who deny care for  profit and because they can.

Truth and knowledge will bring the deceit and trickery into the light  and hopefully prevent others from being denied proper care at critical  moments.  People deserve better than that.  People should be able to  trust the caregivers and providers.  People deserve the chance to  recover and live on in dignity and with purpose to whatever degree is theirs to behold.  People should and it is time eyes are opened and the truth be seen by a population unaware.  It’s time people rather than  profits trump and honesty prevail.

A Breach of Trust is never acceptable and it shan’t be silently tolerated! 

Be intolerant — add your voice in objection to deceit and trickery that wrongfully denies coverage!

Source:
A Breach of Trust:  Wrongfully Denied Coverage

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Recommended Website: A Breach of Trust: WWII Veteran and Wife

October 16, 2013

Humana Inc., one of the nation’s largest managed-care companies, was accused in a Federal lawsuit yesterday of misleading health plan members by failing to disclose financial incentives to doctors and case reviewers intended to keep down costs by limiting or denying care.

The suit, filed on behalf of workers in Florida and Texas, asked a United States District Court in Miami to certify a class action on behalf of more than six million customers of Humana health plans nationwide. The suit seeks triple damages under the Federal anti-racketeering law. No amounts were specified.

The plaintiffs say they did not get the health coverage that they thought they were selecting because the company did not disclose incentives to doctors to deny care.

Joseph Sellers, a Washington lawyer who represents the plaintiffs in Miami, said the suit did not question whether managed care was a good idea or whether cost should be a factor. Instead, the suit contends that there was a ”breach of trust” because plan members thought that medical guidelines would solely determine their treatment.

Source:
Humana Sued in Federal Court Over Incentives for Doctors

Disgraced Conahan in default for ignoring lawsuit

October 5, 2013

Even behind bars, disgraced former Luzerne County Judge Michael T. Conahan is still dodging the law.

Conahan, locked away in federal prison, has ignored a civil lawsuit filed against him in connection with the kids-for-cash judicial scandal, federal court officials said Thursday.

The acting clerk for U.S. District Court in Scranton on Thursday ruled Conahan is in default for “failure to answer, plead, or otherwise defend against the complaint.”

Conahan is a defendant in a class-action civil rights lawsuit on behalf of thousands of juveniles who appeared in court before his colleague, former Judge Mark A. Ciavarella Jr. Both men are serving lengthy prison sentences for accepting kickbacks for placed juveniles in two for-profit detention centers. The default opens Conahan to damages when the case is finally resolved in federal court.

The suit also seeks damages from Ciavarella, PA Child Care LLC, Western PA Child Care LLC and Mid-Atlantic Youth Services Corp., which own and operate the centers in Pittston Township and Butler County, and the former co-owner of those companies, Robert J. Powell, a Drums attorney who paid the judges $770,000.

Wealthy developer Robert K. Mericle, who paid $2.1 million to Conahan and Ciavarella, who placed juveniles in two for-profit detention centers built by his construction firm, is no longer a defendant in the lawsuits. He won court approval last year for a $17.75 million settlement with more than 1,000 former offenders who appeared in the county juvenile court in 2004-2008. After the suit was initially filed, Conahan asked a court to dismiss the suit on the basis of “judicial and legislative immunity.” Since a federal judge denied the request, Conahan has not responded to the suit, court documents filed Thursday said.

Full Article and Source:
Disgraced Conahan in default for ignoring lawsuit

Assisted Suicide and the Affordable Care Act

July 23, 2013

The controversy over federally endorsed abortion and its hidden surcharges has been well documented in conservative media. But there hasn’t been much coverage of late about the legislation’s  support for physician-assisted suicide.

Currently, only four states in the country legally allow assisted suicide. Vermont, Washington, and Oregon have unrestricted laws, meaning that the administration of life ending drugs is up to the discretion of the patient and his doctor (also it’s covered by insurance). In Montana, assisted suicide is legal through a court order. In the other 46 states, the practice is illegal and has been for most of the last century.

Section 1553

The piece of legislation in question is Section 1553 of the Affordable Care Act, which reads as follows:

(a) In General – The Federal Government, and any State or local government or health care provider that receives Federal financial assistance under this Act (or under an amendment made by this Act) or any health plan created under this Act (or under an amendment made by this Act), may not subject an individual or institutional health care entity to discrimination on the basis that the entity does not provide any health care item or service furnished for the purpose of causing, or for the purpose of assisting in causing, the death of any individual, such as by assisted suicide, euthanasia, or mercy killing.

To break it down, if a terminally ill patient requests that his doctor help him end his life, and the doctor refuses for moral reasons or whatever the case may be, that doctor is protected by federal law against discrimination. This can be a saving grace for doctors who may subsequently be targeted by insurance companies because of their refusal to help patients end their lives.

Full Article and Source:
Obamacare’s covert support of assisted suicide

Deal allows Galveston judge replacement

June 22, 2013

GALVESTON – Indicted Galveston County Court-at-Law Judge Christopher Dupuy agreed Thursday to a deal allowing a replacement judge to be named until criminal and civil cases against him are resolved.

Although Dupuy is under suspension by the State Commission on Judicial Conduct, a second suspension order was sought in a civil lawsuit brought by Texas Attorney General Greg Abbott and local attorney Greg Hughes.

The suspension in the civil lawsuit will allow visiting District Judge Robert Kern of Fort Bend County to appoint a temporary replacement in County Court-at-Law Court No. 3.

Noting that Dupuy is already suspended, Assistant Attorney General David Glickler called the second suspension “an exercise in legal gymnastics.”

Dupuy was indicted last month on eight criminal charges relating to his conduct in office, including two felony charges of official oppression. A Galveston County grand jury issued a ninth indictment last week accusing Dupuy of improperly practicing law as a sitting judge.

Dupuy would be removed permanently and automatically from office if convicted of one of the felony charges.

Full Article and Source:
Deal allows Galveston judge replacement

See Also:
Indicted Texas Judge’s Ex-Finance Changes Her Story

Retraction and Apology to District Judge Kerry Neves of Texas

NV: Former Prosecutor Files Federal Lawsuit Against County DA’s Office

June 12, 2013

A former prosecutor who had a romantic relationship with embattled Family Court Judge Steven Jones is suing the Clark County district attorney’s office in an effort to clear her name.

In a federal lawsuit filed Friday by lawyer Gary Modafferi, Lisa Willardson denied she and Jones had a relationship while she appeared before the judge, though emails between the couple suggested they were dating at the time.

The 11-page lawsuit says the district attorney’s office spread “false statements” to Las Vegas news media about the relationship between Willardson and Jones, which slandered and defamed her and violated her civil rights.

According to the lawsuit, Willardson also was denied the opportunity for a “name clearing hearing” by the district attorney’s office.

Willardson is asking for an unspecified amount of damages, including back pay with interest.

Full Article and Source:
Former Prosecutor Files Federal Lawsuit Against Clark County District Attorney’s Office

Indicted Texas Judge’s Ex Fiancee Changes Her Story

June 9, 2013

Yet another twist in the case involving a Galveston County judge who was indicted on criminal charges last week. You know the story the ex-fiance’ told about the judge wanting to kill his ex-wife and kidnap his children and live with them in New Zealand? Well, was it just that, a story? Tara Compton testified Wednesday saying Dupuy had started moving forward with making the plan a reality. She says he bought a gun with a silencer, purchased bars of silver to cash in later, sent her a picture of a house in New Zealand, said he knew someone to buy fake passports from and she says he discussed staging a boating accident on Christmas vacation so they could then disappear to New Zealand and she says the plan was to tell his kids their mom was killed in a car crash.

This emergency custody hearing where all of this testimony is taking place was called after these allegations surfaced. Compton had also said she was afraid of what Dupuy might do to her. Well, today, two days after giving the other testimony, Compton’s story wasn’t exactly the same. She’s now telling the court there was no plan to kill Dupuy’s ex-wife and no plot to take the kids out of the country.

Instead, Compton told the court Dupuy was just frustrated and stressed and it was a simple conversation, not anything he planned to carryout. “He said IF he was going to do it (kill his ex-wife) that’s how he said he would do it by going to his ex-wife’s door wearing a ski mask or get a low-life to do it and have an airtight alibi. He didn’t say he would do it,” said Compton on the stand.

Full Article, Video, and Source:
Galveston Judge Ex-Fiance Changes Her Story

See Also:
Indicted Texas Judge Christopher Dupuy Faces More Troubles

Retraction and Apology to District Judge Kerry Neves

Federal Judge Jails Estate Lawyer Joseph Caramadre as Flight Risk

June 1, 2013

A Rhode Island estate planning lawyer’s effort to revoke his guilty plea in a controversial $30 million elder insurance fraud case was a “bizarre” and unjustified “hatchet job” on Joseph Caramadre’s former counsel, a federal judge said.

U.S. District Judge William Smith not only nixed Caramadre’s bid for a new trial but agreed with prosecutors in the Providence case that he should immediately be jailed as a flight risk, pending his sentencing in July, report the Associated Press and the Providence Journal.

“It was amazing to watch a defendant perjure himself saying he perjured himself the first time,” the judge said.

Caramadre and an employee were charged with defrauding dying individuals into allowing insurance investments to be made in their names.

They pleaded guilty to wire fraud and conspiracy shortly after their trial began in November.

Source:
Federal Judge Jails Estate Lawyer as Flight Risk, Nixes ‘Bizzare’ Effort to Revoke Plea

See Also:
Death Takes a Policy:  How a Lawyer Exploited the Fine Print and Found Himself Facing Federal Charges

Indicted Texas Judge, Christopher Dupuy, Faces More Troubles

May 27, 2013

Documents obtained by KHOU 11 News reveal more trouble for an embattled Galveston County Judge.

The 32-page document is a request for a protective order.

Adrienne Viterna’s emergency petition states that her former husband Christopher Dupuy planned to murder her and then flee from the country with their two small kids.

The petition was filed on the same day a grand jury indicted the Galveston County judge on felony and misdemeanor charges that he abused his authority from the bench.

In addition to his ex-wife, a district judge has gone on record in an email to county officials, urging them to take action because Dupuy, “could become violent and hurt or kill someone.”

Full Article and Source:
Indicted Galveston County Judge Faces More Troubles

See Also:
Retraction and Apology to District Judge Kerry Neves

A Judge a Little More Than a Week, and Then OD’d

May 25, 2013

A former longtime prosecutor who died at the cabin of a fellow southwestern Illinois judge now under federal investigation succumbed to a cocaine overdose, a coroner announced Friday.

Pike County Coroner Paul Petty, who also serves as sheriff, said in a statement that toxicology tests showed Joe Christ, 49, died of cocaine intoxication in St. Clair County Circuit Judge Michael Cook’s cabin about 65 miles northwest of St. Louis in March.

Petty said alcohol also was found in Christ’s system, and that Cook was the only person with Christ at the time. Cocaine and paraphernalia was seized from the cabin, Petty said.

Christ died a little more than a week after being sworn in as a judge in St. Clair County. Cook, a judge in the same county, was booted from his docket of hundreds of cases Thursday because of the unfolding federal investigation confirmed by that county’s state’s attorney and chief judge.

Full Article and Source:
Illinois Judge Died of Cocaine Overdose