The Texas Lawbook

Free Speech, Due Process and Trial by Jury

Mark Smith

From Risk to Reckoning: How a Dallas Lawyer’s Long Fight Delivered Vindication

Dallas attorney Laura Benitez Geisler agreed to represent former police captain Terry Bevill after hearing his story. He had been fired, arrested and charged with a felony for signing an affidavit questioning whether a coworker could receive a fair trial in Wood County, putting him at odds with powerful rural officials.

Despite losing his job, health insurance and facing legal uncertainty for 16 months, Bevill said he would act the same way again because it was his duty to uphold the Constitution.

Moved by his conviction, Geisler felt a responsibility to take his case.

Mark Smith

Judge: Plano Surgeon Sentenced to 8.5 Years ‘More Involved’ Than Admitted in $196 Million Scam

A federal judge sentenced a Plano orthopedic surgeon, Dr. Michael Taba, to 8.5 years in prison for his role in one of the biggest healthcare fraud cases in Texas history that prosecutors said bilked the U.S. government out of nearly $200 million through unnecessary compound drug prescriptions.

U.S. District Judge Sam A. Lindsay handed down the sentence on Tuesday in Dallas after a jury convicted Taba more than two years ago of conspiracy to commit healthcare fraud and three counts of aiding and abetting healthcare fraud.

Mark Smith

‘Are You Kidding?’: Ex-Prosecutor Defends 81-Year-Old Former Doctor in Tossed Kickback Case

Katten's Brandon N. McCarthy said he was perplexed when his client, retired Dr. David Wolf of Houston, was indicted on an alleged kickback scheme that was ultimately dismissed against 10 doctors.

“This was perplexing as my client was 81 years old and had retired from medicine over half a decade ago,” McCarthy said. “He had a 50-year career as a doctor with a perfect record. No medical board issues. No criminal record. My first thought was, ‘What in the world are they doing?’"

Mark Smith

Federal Judge Dismisses Texas Kickback Indictment Involving 10 Doctors, Pharma Executives

A Texas federal judge tossed a superseding indictment accusing 10 doctors, two pharmaceutical executives and two business entities of a kickback scheme involving prescriptions that spanned six years from 2013 to 2019. 

The defendants had moved to dismiss the superseding indictment on several grounds, including statute-of-limitations issues.

Rather than respond to that motion, the prosecutors moved to dismiss the case “in the interests of justice.”

Mark Smith

Court of Criminal Appeals Rejects Appeal Tied to Judge-Prosecutor Affair

The majority of judges on the Texas Court of Criminal Appeals have refused to consider an appeal by a man who argued that his 1992 Collin County trial was tainted because the judge and prosecutor in his case were having a secret romantic affair.

In dissent, Presiding Judge David J. Schenck wrote that the majority on the state’s highest criminal court sacrificed concerns about a fundamental breakdown in due process simply to seek finality in the long-standing appeals of a three-decade-old case.

Mark Smith

Sherri Alexander Leading the Charge as Healthcare Litigation Grows More Complex

For three decades, Sherri Alexander has built a career where medicine and law meet — leading Polsinelli’s national healthcare litigation practice through some of the industry’s toughest battles. As chair of a 70-lawyer division, she tackles disputes over reimbursement, government investigations and hospital peer review. Known for her skill in mediation, she has resolved more than 240 hospital-physician disputes and handled 70 “mini-trials,” helping Texas hospitals balance patient safety with fair treatment for doctors.

The Texas Lawbook caught up with Alexander to discuss the surge in healthcare litigation, the battle against AI-driven claim denials, the art of resolving high-stakes disputes and more.

Mark Smith

‘Third Time Is a Charm’: After Two Hung Juries, Credit Card Execs Take Plea Deal

Two former executives of a Virginia-based credit card processing company received 36 months of probation after pleading guilty to defrauding the city of Sherman. As part of the plea agreement, Edward Walsh Vaughan, the former president of Electronic Transactions Systems Corp., and Hadi Akkad, the company’s former executive vice president, will forfeit $5.3 million and $1.9 million, respectively.

“This is a rare case, very unusual,” said Fort Worth criminal defense attorney Jeff Kearney, who negotiated the plea agreement with Houston trial lawyer David Gerger. “I never thought this case would get resolved. [Gerger's] persistence and ingenuity got this settled.”

Mark Smith

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