Free Speech, Due Process and Trial by Jury
New Jersey and McKool Smith announced Friday that the state has settled its 2021 lawsuit against Horizon Healthcare Services for $100 million. New Jersey claimed that the healthcare services provider had been submitting false funding claims to the state for years. Horizon says it never retained any of the money charged to the state for healthcare provider claims.
Lawyers who spoke to The Texas Lawbook this week said that the complaint filed in February by the Reid Collins & Tsai-represented bankruptcy trustee for GWG Holdings was the Department of Justice’s roadmap to bring criminal proceedings against Bradley Heppner, the former chief executive officer of Beneficient.
The ever-changing landscape of college sports left many yearning for stability. To get it, some have turned to Congress. Federal legislation could provide uniformity and finality, ending the patchwork of state regulations and settling college athletics on a fixed framework. And, depending on who you ask, it could provide an antitrust waiver — removing the gavel that has struck down a litany of NCAA rules (and empowered student athletes in the process).
But, as with all things involving Congress, there is disagreement on what that legislation should entail. The debate has pitted institutional NCAA interests against athletes’ rights groups, created unlikely bed fellows, and tested the influence of a prominent West Texas billionaire with the ear of the President.
Two names have been submitted to the White House for consideration for judicial vacancies in the Southern and Western Districts of Texas. There are 10 total judicial vacancies in Texas federal district courts. Additionally, Kirkland & Ellis partner Ryan Raybould has been nominated for U.S. attorney for the Northern District of Texas. All four U.S. attorney’s offices have had vacancies since the start of the year. There have not been nominations for the other three districts.
Both Barrett Howell and Carlos Lopez pled guilty to disposing of government records and aiding and abetting Wednesday in the Northern District of Texas, Fort Worth Division. Each has waived their right to appeal and face a maximum term of imprisonment of one year, a fine not to exceed $100,000 and a term of supervised release of up to one year. As of Wednesday, a sentencing date had not been set.
Men who were federally indicted for an alleged healthcare fraud scheme involving urine drug tests won't have to face those charges after prosecutors asked a judge to toss the case. The dismissal is the first criminal defense win for Dykema’s new Texas white collar team, which launched in August.
Despite the federal government shutdown, which took effect Oct. 1 due to congress’ failure to pass a spending bill, federal courts are still in operation. But after three weeks, and with no funding agreement in sight, the judiciary is beginning to feel the pressure as staff members are furloughed and funding dries up.
In this edition of Litigation Roundup, Jerry Jones takes an “L” in his latest bid to bring an early end to a sexual assault lawsuit, American Airlines is hit with a permanent injunction in an ESG-related investor suit, and a Houston-based furniture company secures a $2.1 million final judgment.
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.”
In this edition of Litigation Roundup, a Dallas-based lender can’t escape a $6.7 million judgment, and a man injured on the job asks the Texas Supreme Court to reinstate his $15.4 million win against CenterPoint Energy.
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