Civil Litigation

Did Someone Breach My Contract?

By David M. Kennedy / December 11, 2020 /

You thought you had a deal, but if you did, why do you have nothing to show for it? As a lawyer who has tried many contract lawsuits, I get asked the question quite often as to whether a contract was made, and if it was, was it breached? Well, let’s look at the basics.…

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We Should Not Be Surprised To Hear Of Fraud In Covering Up Nursing Home Deaths

By David M. Kennedy / September 21, 2017 /

The New York Times reports today that investigators looking into the eight deaths at the Florida nursing home last week, are finding resident medical records to be “replete with late entries” whereby the staff came along after the fact and made entries that were supposed to have been made at the time of treatment. For someone…

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Abuse And Assaults In Nursing Homes Going Unreported

By David M. Kennedy / September 11, 2017 /

A recent report by the Health and Human Services inspector general’s office warns that it has found that 1 in 4 cases of sexual assault and abuse in America’s nursing homes is going unreported to police. Although the report is preliminary, it was based on a large sampling of cases in 33 states. Having handled…

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Big Mouths Can Lead To Big Lawsuits

By David M. Kennedy / July 24, 2017 /

The Austin American-Statesman reports today that Nancy Grace and several media outlets are being sued by an Austin, Texas dentist targeted in one of Grace’s broadcasts. The show focused on the fallout from yet another anesthesia-related death of a child during a dental procedure. Sadly, children dying during these procedures is becoming all too commonplace, and I for…

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Healthcare Cheaters Pay, But Most Get Away With It

By David M. Kennedy / June 14, 2017 /

The owner of Apple of Your Eye Healthcare Services, Inc., Wilbert James Veasey, Jr. of Dallas, Texas, was sentenced in federal court on Tuesday, June 13, 2017, to 210 months in prison. Not insignificantly, he was also ordered to pay $23,123,897.18 in restitution to Medicare. I emphasize that figure so that it might soak in just how easy it…

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A New Danger Of Cancer With Breast Implants

By David M. Kennedy / May 4, 2017 /

I read a recent article disclosing yet another potential danger with breast implants: anaplastic large-cell lymphoma, or ALCL. It is relatively rare and death from it even more so, but here is the lowdown. According to the U.S. Food and Drug Administration, a possible link was discovered in 2011 and since then 359 women have been…

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Be Wary Of What Your ‘Friend’ Is Not Telling You

By David M. Kennedy / April 30, 2017 /

It is said that ‘silence is golden.’ In most instances, silence is a right belonging to him whose lips are sealed. On the other hand, silence is a fraud that can land one in court. A lawsuit was filed this week in Waco, Texas against Chip Gaines and others by his past attorneys / business…

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