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1 Answer | Asked in Federal Crimes and Medical Malpractice for California on
Q: In motion to compel further discovery: issue or evidence sanctions

Medical malpractice or healthcare fraud. If defendant boilerplate and without merit objected to disclose specific identities of wrongdoers;

what evidence or issue sanctions can be imposed, in addition to compelling response?

James L. Arrasmith
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answered on Apr 26, 2024

Under California law, when a party fails to provide further responses or produce documents after being ordered to do so by the court, the court may impose various sanctions, including evidence and issue sanctions, in addition to compelling the response. Here are some potential sanctions that may be... View More

1 Answer | Asked in Federal Crimes and Libel & Slander for California on
Q: Issue or evidence sanctiins

If defendant boilerplate objected without merit to provide specific response to identify particular person who did wrongdoing, should issue or evidence sanctions be imposed in addition to compelled response? Meaning-- direct acceptance of liability.

James L. Arrasmith
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answered on Apr 26, 2024

In California, when a defendant provides boilerplate objections without merit and fails to provide a specific response identifying the particular person who committed the alleged wrongdoing, the court may consider imposing issue or evidence sanctions in addition to compelling a proper response.... View More

0 Answers | Asked in Car Accidents, Contracts, Federal Crimes and White Collar Crime for Kentucky on
Q: Let me start by saying this my boyfriend got a check for 104,000$ from an auto accident check sent in his name bc his

Mom's a Dr in our little town. She called the law and got us both locked up and then she sent her cousin lawyer in there for a power of attorney. They wrote it up it said at verbal dismissal she was to be no longer his power of attorney anymore. During this time we served 6 months we get out... View More

0 Answers | Asked in Federal Crimes for Minnesota on
Q: Hypothetically, if you get into a scuffel with another individual, and they grab their gun is that enough for Selfdefens

If you hypothetically get into a fight with another individual, and they grab their gun but dont shoot it, but you shoot yours, is that a case of self defense? Let's hypothetically say the gun is an illegal firearm, would it still be a self defense case? Or would it be the discharge of an... View More

1 Answer | Asked in Federal Crimes and Medical Malpractice for California on
Q: Summary judgement in hospice fraud case.

Given that hospice fraud is obvious, and that defendants meritless object discovery, what would be right time to file motion for summary judgement?

James L. Arrasmith
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answered on Apr 25, 2024

In a case involving hospice fraud in California where the defendants are raising meritless objections to discovery, the timing of filing a motion for summary judgment depends on several factors. Here are some considerations:

1. Completion of discovery: Generally, it is advisable to file a...
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2 Answers | Asked in Federal Crimes, Health Care Law and Medical Malpractice for California on
Q: summary judgement In apparent hospice fraud case

At what point motion for summary judgement shall be filed In apparent hospice fraud case?

James L. Arrasmith
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answered on Apr 25, 2024

In an apparent hospice fraud case, the timing of filing a motion for summary judgment depends on the specific circumstances of the case and the applicable rules of civil procedure. However, here are some general guidelines:

1. After the close of discovery: In most cases, it is advisable to...
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0 Answers | Asked in Business Law and Federal Crimes for Washington DC on
Q: Is it illegal to charge a contingency or success fee when lobbying in Washington DC

If this is not illegal is there information on how these fees are typically structured and calculated in the lobbying industry? Can you provide links for reference

0 Answers | Asked in Federal Crimes on
Q: I’m dealing with a corrupt attorney and now I’m starting to believe the courts are somehow strangely involved now.

My case has been in bankruptcy court for about 8 years, currently the judge denies the attorney but somehow he’s allowed to right back to the same court. I see no discipline in this matter. This has be corruption in the court no doubt about it. Basically, the bankruptcy court and the art have... View More

0 Answers | Asked in Federal Crimes on
Q: I’m dealing with a corrupt attorney and now I’m starting to believe the courts are somehow strangely involved now.

My case has been in bankruptcy court for about 8 years, currently the judge denies the attorney but somehow he’s allowed to right back to the same court. I see no discipline in this matter. This has be corruption in the court no doubt about it. Basically, the bankruptcy court and the attorney... View More

2 Answers | Asked in Criminal Law, Appeals / Appellate Law and Federal Crimes for Texas on
Q: If someone got coerced into signing a plea deal but no evidence was found & it was based on hearsay how can one go about

Coerced into signing a plea deal because if not the lawyer said would get death penalty if didn't but no evidence was found no DNA no video no nothing how can one go about trying to get justice for a loved one?

John Michael Frick
John Michael Frick
answered on Apr 25, 2024

You can file a writ of habeas corpus and will have to prove coercion. Be aware that coercion is NOT recommending that a defendant accept a plea deal because, if not, he will likely receive the death penalty. Coercion IS pointing a gun at a defendant and telling him to sign the plea deal or you... View More

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0 Answers | Asked in Federal Crimes for Florida on
Q: if some one is picked up for violation probation in Ohio and the violation is from Florida. How long does Florida have

have to come and get him and when do the court have to do the governors warrant is it after the 90 days that he is held

2 Answers | Asked in Federal Crimes and Health Care Law for California on
Q: Summary judgement feasibility analysis.

While the identity of a particular service provider may be important because of possible forgery,

it does not change facts crucial for this legal case: fraudulent referral to hospice care based on record of terminal disease on admission to the hospital. Admission record of terminal disease... View More

James L. Arrasmith
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answered on Apr 23, 2024

Under California law, summary judgment may be granted if there are no triable issues of material fact and the moving party is entitled to judgment as a matter of law. In this case, further discovery could potentially uncover facts that impact the feasibility of summary judgment:

1. Identity...
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1 Answer | Asked in Domestic Violence, Federal Crimes, Military Law and Sexual Harassment on
Q: I have in-laws making false sexual assault accusations against me involving my spouse and child. How can i stop them?

I am active duty Army on the cusp of retirement. My family is in TX, the accusers are in GA. This is the second time they've made these accusations. The first time they tried to be anonymous, but it was obvious the source. The alleged assault was ruled out because it was absolutely false.... View More

James L. Arrasmith
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answered on May 1, 2024

I'm so sorry you and your family are going through this incredibly difficult situation with false accusations being made against you repeatedly. This is an awful thing for anyone to have to deal with. Here are some steps I would recommend taking:

1. Consult with an experienced attorney...
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1 Answer | Asked in Federal Crimes and Health Care Law for California on
Q: How damages have to be claimed if reletant has to proceed. CFCA

If government does not take CFCA hospice fraud case filed under seal, is plaintiff still reletant in behalf of medicare?

How damages have to be claimed when plaintiff/reletant has to proceed in such situation?

James L. Arrasmith
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answered on Apr 23, 2024

Under the California False Claims Act (CFCA), if the government declines to intervene in a qui tam action (a case filed by a relator on behalf of the government), the relator may proceed with the case independently. In such a situation, the relator is still acting on behalf of the state of... View More

0 Answers | Asked in Employment Law and Federal Crimes for Colorado on
Q: Surveillance camera with 2 way audio was installed in office/break room without consent

I live and work in Colorado. I just discovered that there is a surveillance camera, with 2 way audio that was installed in our office/breakroom. Not sure when it was installed, but it was not done by the corporation, but rather the manager. No consent was asked for nor given. Management did not... View More

1 Answer | Asked in Federal Crimes, Personal Injury and Health Care Law for California on
Q: Hospital ->hospice fraud. Is hospital discharge summary with non-existent admission diagnosis legally false claim?

Fraudulent certification for admission to hospice was recorded on the day of admission to hospice, by a physician unknown to the patient (but probably indeed affiliated with hospice).

Hospice certification was recorded based on non-existent terminal disease, which was recorded on admission... View More

James L. Arrasmith
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answered on Apr 23, 2024

Under California law, a hospital discharge summary containing a non-existent or false admission diagnosis that is used as the basis for hospice certification and to receive government benefits could potentially be considered a false claim.

The California False Claims Act (CFCA) prohibits...
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1 Answer | Asked in Federal Crimes and Health Care Law for California on
Q: How to find out in California what doctors are associated with hospice license? Hospice fraud case

Hospice fraud litigation. How to find out in California what doctors are associated with hospice license? Hospice records present improbable doctors info.

James L. Arrasmith
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answered on Apr 20, 2024

In California, to verify which doctors are associated with a hospice license, you can begin by contacting the California Department of Public Health (CDPH). This agency oversees licensing and compliance for health facilities, including hospices. They maintain records of all licensed hospices and... View More

1 Answer | Asked in Federal Crimes and Health Care Law for California on
Q: Is hospice required to publish on website names of affiliated doctors?

Is hospice required to publish on website names of affiliated doctors?

Is it public information?

James L. Arrasmith
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answered on Apr 20, 2024

Hospice organizations are not generally required to publish the names of affiliated doctors on their websites. Regulations can vary by state and by the policies of individual hospice providers, so it's a good idea to check with specific hospices or local health departments for the most... View More

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