Clinicient Inc is an EMR software company which provides electronic medical record system to physical therapy offices. As a part of its services Clinicient also offers billing and payment collections from insurance companies for the customers it serves. This company is incorporated meaning that it is not owned by one person or a partnership, instead it has shareholders and is run by a board of directors. This company is currently involved in a number of lawsuits by former customers as well as some former employees. The most common suit against it happens to be from former customers who feel that Clinicient did not provide the services it was contracted to provide. Clinicient failed to bill out claims in a timely manner, failed to follow-up on claims that were not paid due to billing or documentation errors or issues, failed to correct problems or notify the customer of existing issues, and transferred payments received to the wrong customer accounts causing financial issues for affected customers. As a result a civil suit has been filed with the court against Clinicient for breach of contract. The customer has filed a complaint with the court and Clinicient’s legal department has been notified. A response has been filed with the court on behave of Clinicient and both parties have completed the discovery process. “Preparing for trial takes place as part of the discovery process.” (Gray, 2007). “For civil discovery requests, the private interest to be affected by the
On October 29th, 2015, I made the trip to small claims court at the Superior Court North County Division in Vista, California. The case I observed was a contract dispute between Michael Mendell and Ediga Narashima. The plaintiff (Mendell) was sueing the defendant (Narashima) for $4,000 over a breach of contract. Narashima had given Mendell the opportunity to build theatre system and a bookshelf for his home. They both came to an agreement that the total cost of this procedure would be $4,100. Mr. Mendell is a professor at APT College where he teaches telecommunications. Mendell claims that the full $4,100 was never paid to him. During the whole process of the build there was many setbacks and problems that arose. Mendell claimed that while he was working on this home theatre project, he missed out on work and money he could have obtained from his other job as a professor. That is the reason why he is sueing Narashima as well as the fact that Mendell claims Narashima did not pay him his final installment of $300 for the job. Ediga Narashima claims that the final installment was paid through a friend or third party named Mario Diaz. Mario was a friend of both the plaintiff and defendant. He had referred Mendell to Narashima for the job. Mendell counterclaims that he had never received the final installment from Mario. The big question is to whether Mario had payed the final installment to Mendell as they agreed in
The plaintiff (Southern Prestige Industries, Inc.) initiated an action against the defendant (Independence Plating Corp.) in a North Carolina state court for a breach of contract. The plaintiff alleged that defects in the defendant’s anodizing process caused the plaintiff’s machine parts to be rejected by Kidde Aerospace. The defendant being a New Jersey corporation and having its only office and all of its personnel situated in the state filed a motion to dismiss citing lack of personal jurisdiction. The trial court denied the motion and the defendant appealed arguing that there were insufficient contacts to satisfy the due process of law requirements
The defendant, in my opinion, does not have a case, at all. Although, one ruling cited the timing of the filing as an issue and the company argued
See Electcrostim Med. Servs., Inc. v. Health Care Serv. Corp., 962 F. Supp. 2d 887, 898-99 (S.D. Tex. 2013) (granting motion to dismiss); Encompass Office Solutions, Inc. v. Conn. Gen. Life Ins. Co., No. 3:11-cv-02487-L, 2012 WL 3030376, *8-*9 (N.D. Tex. July 25, 2012) (denying motion to dismiss); Team Healthcare/Diagnostic Corp. v. Blue Cross & Blue Shield of Tex., No. 3:10-cv-1441-BH, 2012 WL 1617087, *6 (N.D. Tex. May 7, 2012) (denying motion to dismiss); Mid-Town Surgical Ctr., LLP v. Blue Cross Blue Shield of Tex., No. H-11-2086 (S.D. Tex. Apr. 11, 2012) (granting motion to dismiss); DAC Surgical Partners, P.A. v. United Healthcare Servs., Inc., No. H-11-1355, 2011 WL 3841946, *6 (S.D. Tex. Aug. 30, 2011) (denying motion to dismiss);
Facts: The plaintiff Taser International, Inc is a company that produced electronic devices such as stun guns, and even accessories that are needed with control devices. In addition, the company also manufactured TASER CAM which is an audio and video recording device that is mostly sold for military, security and public purposes. The defendant Steve Ward was a vice president of marketing in the Taser International Inc., who worked full time from January 1, 2004 to July 24, 2007 until the day he resigned. However, even though he was a full time employee, he was not part of any employment contract. The defendant Ward was aware of many confidential information and even trade secrets since he was the vice president of the company which is a very important aspect of the company. In 2006 Ward thought of getting legal advice on whether he could create an eyeglass-mounted camera by searching to see if this type of idea was patented already or not. The patent counsel found an eyeglass-mounted camera already to be patented and then the defendant Ward, thought about modifying his camera to a clip-on camera. On August 23, 2007 Ward formed his company known as Vievu LLC in order to get his product of a clip-on camera on to the market. But before his resignation he investigated more about developing a business plan, and about camera devices. As a result, Taser Company sued Ward for violating
Although Backside has a website that could be accessed by patients nationwide, Backside didn’t actively engaged in doing business in IL. It occasionally sent out postcards to solicit new customers and it once sent 500 postcards to residents of Illinois who lived near the Missouri border. Backside are usually targeted customers in Chesterfield, Missouri area. In addition, Paula had not received a postcard and she is not familiar with Backside website. She went to Missouri to fill out the form and receive the treatment. Therefore Paula’s cause of action did not arose from Backside’s occasional or casual contact. However, Backside waived his right to object the court’s personal jurisdiction over him by failing to raise it before he filed his
On September26, 2013, Sokoll hired Feuer to handle a discrimination case involving her former employer, Luminosity Behavorial Healh, Inc. The fee agreement states that the following legal services will be performed: “Prosecution of disability discrimination case against Luminosity Behavioral Health, Inc. in Stouhgton, Massachusetts. Send demand letter, file and prosecute claim with Massachusetts Commission Against Discrimination.” Sokoll alleges that she had called several times looking for an update on her case and never received a response; she spoke once with Feuer in the winter of 2013, Due to the lack of response, Sokoll asserts that she requested her file back, as well as the retainer check for $2500.00.
Civil judicial actions against the MLO in connection with financial services-related activities, dismissals with settlements, or judicial findings that the employee violated financial services-related statutes or regulations, except for actions dismissed without a settlement agreement;
COMES NOW, Plaintiff Winder HMA, LLC d/b/a Barrow Regional Medical Center (“Plaintiff” or “Barrow”), by and through its attorneys of record and supplements it responses to Third-Party Defendant Rhett K. Rainey’s First Request for Production of Documents as follows:
Case 06-12 Outsourcing Services, Inc. Outsourcing Services, Inc. (OSI), a SEC registrant, provides a variety of EDP and payroll processing services to third parties. OSI recently has introduced a new service line to provide product help-line support services through customer service representatives (CSRs) who are employees of OSI. On January 1, 2004, OSI entered into a service contract with Company X. Pursuant to the terms of the contract, OSI’s CSRs will provide technical support for Company X’s products. The contract has an initial term of one year and is not cancelable by the customer. After the initial year, the contract is renewable at negotiated market rates. Prior to starting this new service line, OSI hired independent consultants
The plaintiff brought actions under the FCA, the AKS, as well as the ICPFA and the Florida False Claims Act. In this case, the Esformes brothers had formed a group of companies called Total Pharmacy. At the time Total Pharmacy was formed, Morris Esformes had an ownership in 27 nursing homes in Illinois and Florida. Philip Esformes had an ownership in 13 of those homes. The basis of the relator’s contention was that the defendants formed Total Pharmacy with the intention of securing business from the Esformes Homes, and gave Philip his equity interest in Total Pharmacy in order to induce referrals of that business. The case against Omnicare settled in July 2013 for $98 million in Massachusetts, and the case was transferred to Illinois regarding the remaining defendants.
The legal system is an essential element in the successful operation of this country. It is a system that is utilized every day, by every type of person, from the average blue-collar worker to the average Wall Street broker. There is a multitude of ways that the legal system is put to use. One such way is the class action lawsuit. A Civil Action, by Jonathan Harr, uses the account of a single case, Anne Anderson, et al., v. W.R. Grace & Co., et al, to illustrate the power and importance of class action lawsuits in the civil justice system.
The next claim was the Sara Revett vs Valley Residential Services claim. The claimant alleged an injury to her back while moving a patient at work. Her treating physician has implemented work restrictions. The claimant is also receiving steroid injections at the pain site. The IME doctor sent the claimant for an MRI to review the spinal cord for any issues. None were found. Her treating physician disagrees with these findings and has suggested that a spinal fusion may be necessary. Ms. Burnett recommends that we attempt to settle this claim to avoid any future medical or surgical issues. The Trustees discussed this claim and agreed with Ms. Burnett’s recommendation. Ms. Higgs made a motion to settle the Revett claim for up to $24,500.00. Ms. Oleson seconded, motion carried.
After sluggish sales growth in 1980, MEM Company, Inc. was considering ways to increase sales for the company 's line of men 's toiletries. Two main options surfaced; either 1) to expand distribution into food stores or 2) to introduce a new line called Cambridge.
In the second week of June, 1988, executives at BW/IP International, Inc. were assembling materials for a presentation they would make to their bankers on June 15. They recently had agreed to acquire United Centrifugal Pumps (UCP) for $18.5 million. UCP 's product line complemented BW/IP 's extremely well and the managers of BW/IP 's pump division were eager to combine the two. Nevertheless, BW/IP 's bank lenders were expected to be somewhat less sanguine. Only a year ago, in May 1987, they had lent $131 million to finance a $235 million leveraged buyout (LBO) of the company. BW/IP had performed according to expectations since then, but it still carried total