Kenneth W. Alexander II, Robert D. Welsh and Caedrynn E. Conner are accused of defrauding more than 200 investors out of millions via a trust Alexander controlled called Vanguard Holdings Group Irrevocable Trust. The SEC filed the 37-page lawsuit against the trio in the Eastern District of Texas, Sherman Division, on Tuesday.
Bill to Limit Medical Cost Damages in Tort Cases Advances
Senators broke along party lines in advancing legislation to stop “nuclear verdicts.” Senate Bill 30 would limit recoverable medical expenses to 300 percent of Medicare rates, adjusted for inflation. Supporters said the bill is needed to bring down insurance rates, while critics said it would remove discretion from judges and juries to make decisions on facts in individual cases.
Scott Hogan, Former 1st Assistant U.S. Attorney in Dallas, Joins Dykema
The longtime prosecutor is reuniting with former U.S. Attorney Leigha Simonton to form what Dykema calls ‘a potent tag team’ in healthcare litigation and other white-collar fields.
Litigation Roundup: Fifth Circuit Judge Calls Out ‘Constitutional Flaws in the FCA’s Qui Tam Device’
In this edition of Litigation Roundup, the widow of an oilfield worker sues Apache Corp. over her husband’s heat-related death, lawyers for the driver of a vandalized Tesla tout a first-of-its-kind civil suit, and Judge Stuart Kyle Duncan takes aim at the qui tam provisions of the False Claims Act in a concurring opinion where the court wiped out a $28.7 million jury award.
DOJ Picks WDTX as Forum for CBA Suit Against American Federation of Government Employees
The case has been assigned to U.S. District Judge Alan Albright, who is being asked to declare that eight federal agencies have authority to terminate the collective bargaining agreements with their employees. The lawsuit was filed one day after President Donald Trump issued an executive order exempting employees of the eight federal agencies bringing this lawsuit from federal labor law requirements, purportedly in an effort to “enhance the national security of the United States.” The Office of Personnel Management subsequently instructed those agencies “to take appropriate steps toward terminating their previously negotiated CBAs,” according to the lawsuit.
Texas Trial Team Secures $1.6B Final Judgment Against Pharmaceutical Firm
In June, a New Jersey jury hit Janssen Products with a $150 million verdict. The final judgment trebled damages and assessed a whopping $1.27 billion civil penalty but did ax about $30 million in damages to the states under the False Claims Act after the judge agreed with Janssen that not enough evidence was presented to sustain that portion of the award. Dallas boutique Reese Marketos was brought into the case two years ago to take it to trial.
Businesses Face Uncertain Enforcement Landscape Under the New Trump Administration, Congress and State AGs
The current enforcement landscape is a new and complicated playing field in which both Republican and Democratic AGs are eyeing business as prime enforcement targets. Business leaders and general counsel, particularly those with business operations in multiple states, would do well to pay attention to the competing enforcement priorities.
Ousted German Oil Executive Wins Case Against Former Dallas-Area Employers
On its third day of deliberations, a Dallas County jury awarded Bernard Tubeileh about $7.7 million in damages and rejected claims that he was fired because he’d stole millions from his employers.