Settled numerous claims involving governmental entities and issues at every level regarding defective roadway construction and design, inadequate and improper placement of signage and guardrails, failure to warn, property damage. Numerous trip and fall claims on sidewalks, streets, through open manholes. Negligent supervision of students, sexual assault. Federal claims involving Medi-Cal, Medicare, government contracts, school districts, federal and state statutory violations.
Plaintiff ambulance company contracted with defendant Medicare/Medicaid to provide services. Defendant put Plaintiff on 100% pre-payment review. Plaintiff filed Chapter 11, then Chapter 7 bankruptcy. Bankruptcy Trustee seeks to recover money withheld claiming violations of Administrative Procedures Act and turnover. Defendant USA alleges failure to exhaust administrative remedies and sovereign immunity.
Minor female claims personal injury against governmental agency for sexual assault by a fellow student as a result of negligent supervision while on an overnight trip.
Numerous trip and fall cases on city sidewalks, streets, through open manholes.
Nurse terminated for alleged poor performance and violation of medical care protocol resulting in life-threatening injuries to elder patient.
Wrongful death claim against Caltrans for defective construction and design of roadway, inadequate signage, design and placement, and failure to maintain warning signs.
Property damage to government property (traffic signals, trees, light poles, power lines).
Plaintiff physician provider submitted Medicare claims for services rendered to patient-beneficiaries. Post payment review with extrapolation to random sampling resulted in a claim of overpayment to plaintiff of nearly $1 million. Plaintiff pursued the entire Medicare Appeals process and ultimately filed a complaint in Federal Court for review of the Medicare Overpayment Determination. Throughout the proceedings, plaintiff had been paying down the claim, but at mediation an accounting discrepancy of over $1 million was discovered.
Motor vehicle accident in which the defendant was unlicensed, alleged to have been speeding, drinking, abusing drugs, had a minimal insurance policy and was recently released from prison for a DUI felony conviction arising out of this loss. Plaintiff had been negotiating a left turn and claimed no fault for the accident. A parked vehicle and city power pole sustained property damage. Issues at mediation included injury claims, property damage claims, allocation of liability and property damage policies, joint and several liability and possible prejudgment interest.
Defendant federal agency certified and maintained a database of small businesses owned by service-disabled veterans which were qualified to receive specified governmental contracts (38 U.S.C. §§ 8127-8128.) Initially, plaintiff business was certified to participate. Two years later when the business tried to renew, defendant denied its application. Plaintiff requested reconsideration and was approved for certification. The next time plaintiff reapplied, it was again denied certification. Plaintiff claimed defendant's actions were arbitrary, capricious, an abuse of discretion, not according to law, and sought reinstatement to the database.
Plaintiff foreign exporter received all necessary regulatory certificates substantiating that its food product was sanitary. Defendant importer purchased several large orders from plaintiff over a couple years. Following a norovirus outbreak, the FDA removed plaintiff and other exporters of the product from an approved shipper's list and the FDA and State would not allow defendant to return the product. Defendant arranged for destruction of the product and sought reimbursement from plaintiff for approximately $250,000. Plaintiff and defendant had several informal meetings to attempt to resolve the dispute. When the FDA lifted the ban, plaintiff and defendant resumed their export-import relationship. However, after plaintiff shipped the next large order, defendant accepted the order, refused to pay for it and demanded additional compensation from plaintiff. Both parties alleged breach of contract, fraud and related causes of action.
Defendant, governmental entity, was engaged in a major water diversion project adjacent to plaintiff's home. An unpaved dirt road at the edge of plaintiff's property was utilized by defendant to gain access to the project. No Environmental Impact Report was required, but defendant filed a Mitigated Negative Declaration and obtained California Environmental Quality Act approval for the project. Plaintiff claimed that the vibrations, dust, lack of lateral support, elimination of the a landscaped windbreak, and other environmental impact of the project violated the terms of the MND (Govt. Code 830), causing damages to her home, health, landscaping and the surrounding environment. Damages were estimated at $450,000, but the home was now worth only a fraction of that amount. In addition, due to plaintiff's ongoing medical complaints, she contended that she could no longer live in the area and demanded that defendant purchase her home and relocate her to a comparable residence.
Plaintiff employed by defendant full-service career center funded by the federal Workforce Investment Act. Plaintiff claimed that she reported accounting inaccuracies and mismanagement of government grants to the executive director. She further claimed that the executive director retaliated against her by relocating her to a different office and subjecting her to discriminatory comments about veterans and pregnant women. Then while she was on pregnancy disability leave, plaintiff met with federal agents about the aforementioned illegal conduct. When plaintiff returned from disability leave, she was terminated. Plaintiff claims against defendants included violation of the Federal and State Whistleblower Protection Acts, Discrimination Against Veterans (USERRA), Family Medical Leave Act (FMLA), Pregnancy Disability Leave among others.
Plaintiff incarcerated at government owned, privately operated correctional facility. Plaintiff had a history of lung disease for which he used a steroid inhaler. While incarcerated, he was exposed to the highly toxic soil fungus known as "Valley Fever." Plaintiff exhibited symptoms of the disease and was transferred out of the facility. Notwithstanding, plaintiff claimed that exposure caused him to become infected and sustain serious permanent, lifetime injuries.
Elderly plaintiff tripped over exposed bolts in a sidewalk. Plaintiff sustained a fractured shoulder (surgical repair), fractured thumb (open reduction and internal fixation), concussion with residual claims, contusions to knees and ankles. Loss of earnings claim. Case included Medicare and MediCal liens.
Bicycle rider struck by government vehicle in intersection. Dispute regarding directions of travel. Plaintiff sustained clavicle fracture, fibular fracture, supra pubic ramus fracture, metacarpal fracture, epidural hematoma adjacent to the frontal lobe and other injuries.
Claim against a school district and teacher for negligence and negligent supervision arising from alleged physical abuse of mentally challenged student. The case required sensitivity to the interests of the school district, the teacher, the student who still idolized the teacher, and the student's family.
Complaint alleging negligence, negligent infliction of emotional distress and violation of Federal Aviation regulations against a major airline for wrongfully allowing an allegedly intoxicated passenger to board and serving him alcohol after which he sexually assaulted another passenger.
Multi-party motor vehicle accident involving the driver and passenger of a mobile food truck and another truck. In addition to injuries, one of plaintiff's major property damage claims was the cost to upgrade the truck to comply with new governmental requirements, leasing another mobile food truck and storage fees.
Civil rights violation under 42 U.S.C. that agents used excessive force when they shot and killed decedent who they believed was trying to run down an agent.
Civil rights violation that officers used excessive force when they removed plaintiff from his bicycle while he participated in a protest.
Elderly plaintiff claimed excessive force (42USC1983), negligence, assault, battery and other causes of action by law enforcement officers during an unlawful arrest. Defense claimed plaintiff impeded investigation, resisted reasonable and appropriate force during a lawful arrest and could not satisfy Monel requirements to establish liability of the local entity. Plaintiff sustained serious medical injuries.
Wrongful Death for delaying medical attention to a prospective military recruit in violation of government's safety procedures and regulations.
Plaintiff sustained injuries at a marine terminal when his vehicle was struck by a U.S. Customs and Border Patrol Officer. Plaintiff was injured in the course and scope of his employment as a longshoreman. His injuries and damages were compensated by the Longshore and Harbor Worker's Compensation Act and the SSA (2 liens).
Employment discrimination against the Department of Defense based upon race and national origin.
New doctor alleged to have allowed physician's assistant and clinic to use his MediCare billing privileges. Clinic fraudulently billed patients' charges. Complete medical review and audit resulted in approximately $500,000 demand for repayment by MediCare billing extrapolation. Doctor pursued entire appeals process to Federal Court. Demand with interest now $800,000.
Plaintiff fell into an uncovered city manhole. Sustained head, back and other injuries.