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Ryan & Maniskas, LLP Announces Class Action Lawsuit
Class Action | 2012/01/16 09:33
Ryan & Maniskas, LLP announces that a class action lawsuit has been filed in United States District Court for the Southern District of Ohio on behalf of purchasers of Chemed Corporation common stock during the period between February 15, 2010 and November 16, 2011.

The complaint charges alleges that during the Class Period, defendants issued materially false and misleading statements regarding the Company’s business and prospects. Specifically, defendants failed to disclose the following adverse facts: (1) that the Company engaged in a scheme to fraudulently bill Medicare for hospice services for patients who did not qualify for hospice and fraudulently shifted the costs of those patients from health maintenance organizations that covered those patients prior to enrollment in hospice to the U.S. government; (2) that a significant portion of the Company’s hospice enrollments, revenues and earnings were the direct result of defendants’ scheme to enroll ineligible patients in hospice and fraudulently bill Medicare for hospice services; (3) that, in a complaint filed under seal, a former VITAS manager had accused the Company of engaging in a Company-wide scheme to enroll ineligible patients in hospice and fraudulently bill Medicare; (4) that the Company failed to maintain adequate internal controls and procedures with respect to hospice enrollments and Medicare billings; (5) that the Company’s financial results were materially overstated as a result of defendants’ fraudulent scheme to enroll ineligible patients in hospice; and (6) that, as a result of the foregoing, defendants lacked a reasonable basis for their positive statements about the Company and its prospects.

For more information regarding this class action suit, please contact Ryan & Maniskas, LLP toll-free at (877) 316-3218 or by email at rmaniskas@rmclasslaw.com or visit: www.rmclasslaw.com/cases/che.


Michigan Law Firm Adds Top Rated Malpractice Attorney
Legal Business | 2012/01/16 09:33
The Michigan personal injury law firm of Buckfire & Buckfire, P.C. is proud to announce the addition of medical malpractice attorney Randall M. Blau to our team of already award winning, experienced Michigan medical malpractice lawyers!

Partner and attorney, Lawrence J. Buckfire stated, “We could not be more pleased to add such an extraordinary medical malpractice lawyer to our law firm. Randall Blau was a perfect fit for the law firm, meeting the highest standards and quality that not only we, but our clients, require and expect to be a part of our team. Randall is a respected and highly reputable attorney throughout the State of Michigan and we are proud to have Randy join our law firm as our Michigan medical malpractice lawyer.”

Mr. Blau has obtained millions of dollars in verdicts and settlements for his injured clients. He specializes in medical malpractice, birth injuries, nursing home neglect, wrongful death, and automobile negligence cases. He is a member of the Michigan Association for Justice, the Oakland County Bar Association and the State Bar of Michigan. Randy has been an invited speaker at a variety of legal seminars, an invited member of the Million Dollar Advocates Forum and has been consistently listed in Who's Who in Law throughout his career.

Randall M. Blau earned his Bachelor of Arts degree from Kalamazoo College in 1993 and his Juris Doctor degree from the University of Detroit School of Law in 1996. He is admitted to practice law in state and federal courts throughout Michigan and has handled cases in Ohio, Pennsylvania, Illinois, Minnesota and Florida. He has obtained numerous settlements that have been listed in the Top Ten Settlements of the Year for the State of Michigan multiple times during the last decade.

Prior to joining Buckfire & Buckfire, Randall was a partner with Neuman Anderson, P.C. and senior litigation attorney with Southfield-based Maddin, Hauser, Wartell, Roth & Heller, P.C. He is an active member of a number of charitable and nonprofit organizations, and currently resides in West Bloomfield with his wife and two sons.

Buckfire & Buckfire, P.C. handles all accident and injury cases, including auto accidents, motorcycle accidents, wrongful death cases, medical malpractice lawsuits, nursing home neglect cases, slip and fall cases, dog bite attack cases, and all other personal injury matters throughout the State of Michigan. Our Michigan personal injury attorneys are known for their meticulous case preparation-an approach that results in major verdicts and settlements for their clients. For more information on our personal injury law firm, please feel free to call our office, toll free at (800) 606-1717.


Perry appeals judge's ruling on Va. primary ballot
Law Center | 2012/01/16 06:34
Texas Gov. Rick Perry on Sunday appealed a federal judge's refusal to add him and three other candidates to Virginia's Republican presidential primary ballot.

In a filing with the 4th U.S. Circuit Court of Appeals, Perry's attorneys requested that the court order his name be placed on the ballot, or order that ballots not be printed or mailed before his appeal is considered.

Perry sued last month after failing to submit enough signatures to get on the Mach 6 ballot. Former House Speaker Newt Gingrich, former Pennsylvania Sen. Rick Santorum and former Utah Gov. Jon Huntsman joined Perry's lawsuit after also failing to qualify.

Only former Massachusetts Gov. Mitt Romney and Texas Rep. Ron Paul qualified for the primary ballot.

Virginia requires candidates to obtain the signatures of 10,000 registered voters, including 400 from each of the state's 11 congressional districts, to get on the ballot. State law also allows only Virginia residents to circulate petitions.


Ohio taking death penalty case to US Supreme Court
Breaking Legal News | 2012/01/15 09:32
Ohio's governor and attorney general said Sunday the state is asking the U.S. Supreme Court for a ruling that Ohio's protocol for carrying out the death penalty is constitutional.

Gov. John Kasich and Attorney General Mike DeWine said in a statement that the state wants the high court to reverse a federal appeals court decision to delay the Wednesday execution of Charles Lorraine.

Lorraine was condemned to death in the 1986 slaying of an elderly Trumbull County couple. But the federal appeals court said Friday his execution should be delayed to review changes Ohio has made in carrying out the death penalty.

Lorraine argued that Ohio broke its promise to adhere strictly to its execution procedures. But the state said that deviations from the procedures during the last execution were minor and that an inmate's rights would not be violated by changes, such as which official announces the start and finish times of an injection.



More US Catholics take complaints to church court
Court Watch | 2012/01/14 09:33
Parents upset by the admission policy at a parochial school. Clergy and parishioners at odds over use of their building. A priest resisting a transfer to another parish.

It was once assumed that disagreements like these in the Roman Catholic Church would end one way: with the highest-ranking cleric getting the last word.

But that outcome is no longer a given as Catholics, emboldened following the clergy abuse scandals that erupted a decade ago this month, have sought another avenue of redress.

In recent years, clergy and lay people in the United States have increasingly turned to the church's internal legal system to challenge a bishop's or pastor's decision about even the most workaday issues in Catholic life, according to canon lawyers in academia, dioceses and in private practice. Sometimes, the challengers even win.

In one example cited by veteran canon lawyers, parishioners wanted to bar musical performances in their church that weren't liturgical. Their priest had been renting space to a local band. In another case, a nun filed a petition after a religious superior disclosed the nun's medical information to others — a potential violation of privacy. Regarding bishops' often contentious decisions to close parishes, the liberal reform group FutureChurch posts a guide on its website called "Canonical Appeals for Dummies" on seeking Vatican intervention to stay open.


Court hearing Thursday on Credit Suisse loans
Business | 2012/01/13 10:12
Attorneys for Credit Suisse told a federal judge in Idaho that a multi-billion dollar lawsuit brought by homeowners at four resorts should be tossed out because there's not enough factual evidence to support the claims.

The lawsuit from property owners at Idaho's Tamarack Resort, the Yellowstone Club in Montana, Nevada's Lake Las Vegas resort and the Ginn Sur Mer Resort in the Bahamas is backed by Yellowstone Club founder Tim Blixseth. The plaintiffs allege Credit Suisse inflated the value of the resorts and issued loans so large to developers that they could never be repaid in hopes of foreclosing on the properties as part of a so-called "loan to own" scheme.

Credit Suisse contends the lawsuit is baseless and that Blixseth is just trying to escape blame for the financial problems at the ultra-exclusive Yellowstone Club.

Roughly two dozen attorneys representing the plaintiffs, Credit Suisse and real estate consultant Cushman & Wakefield gathered before U.S. District Judge Ronald Bush in Boise on Thursday to argue over several motions, including one to have the lawsuit dismissed and one to have Cushman & Wakefield reinstated as a defendant. The real estate consultancy was listed as a defendant when the case was originally filed in 2010, but last year U.S. District Judge Edward Lodge dismissed all the claims against the company.

One of Credit Suisse's attorneys, David Lender, told the court that the plaintiffs have never been able to show there was any misrepresentation made to the homeowners by the bank.


Sanford Wittels & Heisler Files Employment Class Action
Class Action | 2012/01/12 09:33
Attorneys at Sanford Wittels & Heisler today filed a $100 million gender discrimination employment class action complaint against Quest Diagnostics, Inc. and AmeriPath, Inc., in U.S. District Court for the District of New Jersey.

The complaint details the systemic discriminatory treatment of female sales representatives company-wide by the self-proclaimed "world leader in diagnostic testing, information and services."

"Although Quest boasts about its dedication to delivering quality care down to the molecular level, the company falls woefully short of devoting similar attention to extending equal employment opportunities to its female sales reps," said David Sanford, the plaintiffs' lead attorney. "Quest has known or should have known that its business practices have an illegal disparate impact on women, employees with family responsibilities and pregnant employees. However, it has consistently failed to adopt measures to rectify this pervasive discrimination that its discriminatory policies, practices and procedures creates."

Indiana resident Erin Beery and Florida resident Heather Traeger, both of them current Quest employees in the AmeriPath division, filed the suit on behalf of themselves and a class of similarly-situated sales reps employed from February 17, 2010 to the present. Beery is an Executive Territory Manager in Quest's Anatomical Pathology Sales Division in Indianapolis; Traeger is Senior Executive Territory Manager in the Anatomical Pathology Sales Division in Bradenton.

The complaint details a wide range of discriminatory practices in the selection, promotion and advancement of sales reps at Quest Diagnostics and AmeriPath, including discrimination on the basis of pregnancy and caretaking responsibilities in violation of Title VII of the Civil Rights Act of 1964 and other federal statutes.

In addition, both of the named plaintiffs in the case have individual claims of disparate pay, differential treatment, gender hostility, the creation of a hostile work environment and retaliation in the workplace affecting them in violation of Title VII of the Civil Rights Act of 1964 and other federal statutes.

New Jersey based Quest is one of the largest companies in the U.S. It is currently ranked at 320 on the Fortune 500, reporting revenue of $7.4 billion and employing 42,000 workers in 2011.

About Sanford Wittels & Heisler, LLP

Sanford Wittels & Heisler is a law firm with offices in Washington, D.C., New York, and San Francisco that specializes in qui tam, employment discrimination, wage and hour, consumer and complex corporate class action litigation and has represented thousands of individuals in major class action cases in the United States.

http://www.nydclaw.com



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Class action or a representative action is a form of lawsuit in which a large group of people collectively bring a claim to court and/or in which a class of defendants is being sued. This form of collective lawsuit originated in the United States and is still predominantly a U.S. phenomenon, at least the U.S. variant of it. In the United States federal courts, class actions are governed by Federal Rules of Civil Procedure Rule. Since 1938, many states have adopted rules similar to the FRCP. However, some states like California have civil procedure systems which deviate significantly from the federal rules; the California Codes provide for four separate types of class actions. As a result, there are two separate treatises devoted solely to the complex topic of California class actions. Some states, such as Virginia, do not provide for any class actions, while others, such as New York, limit the types of claims that may be brought as class actions. They can construct your law firm a brand new website, lawyer website templates and help you redesign your existing law firm site to secure your place in the internet.
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