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2 Jul 2012, 11:57 am
This case marks a departure from federal district court decisions[1] which have denied MAOs (and Medicare-substitute health maintenance organizations) a federal independent right to sue primary payers, and in some cases, indicated that MAOs should seek potential remedies in state court based on a contractual claim and/or conflict preemption principles. [read post]
2 Jul 2012, 11:57 am
This case marks a departure from federal district court decisions[1] which have denied MAOs (and Medicare-substitute health maintenance organizations) a federal independent right to sue primary payers, and in some cases, indicated that MAOs should seek potential remedies in state court based on a contractual claim and/or conflict preemption principles. [read post]
27 Jun 2012, 6:25 pm
This posting was written by Mark Engstrom, Editor of CCH RICO Business Disputes Guide.An individual and three Ohio businesses could proceed with federal RICO and Ohio Corrupt Practices Act claims against an electric utility and its subsidiary (Duke Energy Corp. and Duke Energy International, Inc.), the U.S. [read post]
4 Jun 2012, 3:54 pm
This posting was written by Mark Engstrom, Editor of CCH RICO Business Disputes Guide.A provider of rail-based transportation services (CSX Transportation, Inc.) sufficiently alleged RICO violations by three lawyers and a doctor, all of whom allegedly orchestrated a scheme to inundate CSX with thousands of asbestos-related occupational illness claims throughout the state of West Virginia, the federal district court in Wheeling, West Virginia, has ruled. [read post]
26 Apr 2012, 4:40 pm
This posting was written by Mark Engstrom, Editor of CCH RICO Business Disputes Guide.The bookkeeper and chief financial officer (CFO) of an industrial machinery supplier violated RICO by participating in a fraudulent scheme to sell overpriced equipment to a flooring company, the federal district court in Abingdon, Virginia, has ruled. [read post]
29 Mar 2012, 4:30 pm
This posting was written by Mark Engstrom, Editor of CCH RICO Business Disputes Guide.RICO claims predicated on wire fraud and forced labor could not proceed against a health care consortium that allegedly engaged in a scheme to obtain free labor and services from employees by cheating them out of their wages and overtime pay, the federal district court in Central Islip, New York, has ruled. [read post]
10 Mar 2012, 7:39 pm
This posting was written by Mark Engstrom, Editor of CCH RICO Business Disputes Guide.A federal district court improperly dismissed RICO claims that seven couples brought against an adoption agency and its principals, the U.S. [read post]
27 Jan 2012, 3:58 pm
This posting was written by Mark Engstrom, Editor of CCH RICO Business Disputes Guide.A federal district court erred in finding that two individuals had violated RICO by engaging in a scheme to embezzle millions of dollars from an equipment manufacturer through the fraudulent issuance and receipt of accounts payable checks, the U.S. [read post]
23 Nov 2011, 10:48 am
This posting was written by Mark Engstrom, Editor of CCH RICO Business Disputes Guide.In a statement before a House Judiciary subcommittee on November 15, a U.S. [read post]
24 Oct 2011, 8:31 am
Attorney, Wife Liable for RICO Fraudulent Insurance ClaimsThis posting was written by Mark Engstrom, Editor of CCH RICO Business Disputes Guide.Two insurance companies succeeded—and three failed—in their RICO claims against an attorney who had participated in a scheme to defraud the insurers by submitting false claims for automobile insurance, the federal district court in San Juan, Puerto Rico, has ruled. [read post]
28 Sep 2011, 2:31 pm
Alleged Horse-Breeding Scheme May Have Violated Federal RICO LawThis posting was written by Mark Engstrom, Editor of CCH RICO Business Disputes Guide.Investors could proceed with civil RICO claims against defendants that allegedly engaged in a fraudulent investment scheme that involved the leasing of thoroughbred mares for a single breeding season, the federal district court in Lexington, Kentucky, has ruled. [read post]
29 Aug 2011, 1:59 pm
Drug Wholesaler Must Defend RICO Claims of Conspiracy to Artificially Inflate PricesThis posting was written by Mark Engstrom, Editor of CCH RICO Business Disputes Guide.The State of Utah could pursue civil RICO claims against a prescription drug wholesaler that allegedly conspired to artificially inflate the average wholesale price (AWP) of hundreds of prescription drugs, the federal district court in San Francisco has ruled. [read post]
2 Aug 2011, 10:10 am
No Exception to PSLRA Bar for Aiding and Abetting Claims in RICO CaseThis posting was written by Mark Engstrom, Editor of CCH RICO Business Disputes Guide.The Private Securities Litigation Reform Act (PSLRA) barred a RICO conspiracy claim against two financial services companies that allegedly aided and abetted a Ponzi scheme that was perpetrated by former hedge fund manager Bernie Madoff, the U.S. [read post]
17 Jun 2011, 7:54 am
Racketeering ActsThis posting was written by Mark Engstrom, Editor of CCH RICO Business Disputes Guide.A civil RICO claim alleging a domestic enterprise was not barred by the U.S. [read post]
27 May 2011, 10:22 am
" In the letter, I also helpfully dropped a footnote citing Articles that had previously won the same award; as Engstrom says in the Fagundes interview: "[I]f an article . . . [read post]
26 Apr 2011, 8:02 am
Tax Lien Bidders May Proceed with RICO Claims Against CompetitorsThis posting was written by Mark Engstrom, Editor of CCH RICO Business Disputes Guide.A civil RICO claim alleging that tax lien bidders had conspired to violate a county’s “single simultaneous bidder rule” (SSBR), in an effort to win a greater share of the tax liens that the county sold at its annual tax auction, should not have been summarily dismissed on the ground that competing bidders could not… [read post]
31 Mar 2011, 3:02 pm
EC’s RICO Claims Against Tobacco Companies FailThis posting was written by Mark Engstrom, Editor of CCH RICO Business Disputes Guide.The European Community and 26 European countries could not pursue RICO claims against several tobacco companies that allegedly engaged in an elaborate money laundering scheme involving the sale of illegal drugs by criminal organizations and the sale of cigarettes by the defendants, the federal district court in Brooklyn has ruled. [read post]
31 Mar 2011, 3:00 pm
Competition Can Serve Newspaper Industry, Public Interest: VarneyThis posting was written by Mark Engstrom.Christine A. [read post]
21 Dec 2010, 1:28 pm
Pfizer, Warner-Lambert Must Defend RICO Claims for Off-Label Marketing of NeurontinThis posting was written by Mark Engstrom, Editor of CCH RICO Business Disputes Guide.Two consumers who suffered from bipolar disorder could proceed with RICO claims against Pfizer, Inc., and Warner-Lambert Co. [read post]
11 Dec 2010, 6:04 pm
Equally important, Stanford Law School has one of the strongest faculty in empirical legal studies, including John Donohue, Deborah Hensler, Jeff Strnad, Dan Ho, Dan Kessler, Alison Morantz, David Engstrom, Mark Kelman, Lawrence Friedman, and others making this project a natural fit for Stanford. [read post]
