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Tag Archives: Texas Supreme Court

Keeping It Short and Sweet.

15 Saturday Feb 2014

Posted by Celia C. Elwell, RP in Criminal Law, Legal Writing, Texas Supreme Court

≈ Comments Off on Keeping It Short and Sweet.

Tags

Carving Doctrine, Ex parte McWilliams, Good Legal Writing, Presiding Judge Onion, Texas Supreme Court, Tiffany Johnson

Less is More, by Tiffany Johnson, Good Legal Writing

http://goodlegalwriting.com/2014/01/03/less-is-more/

I happened upon this interesting dissent in my research recently.  If you can forgive the biting tone (note the judge’s befitting name), I think the minimalist technique is pretty effective.  It’s not bogged down with preachy legalese.  It doesn’t pontificate or soliloquize. It’s short and (not so) sweet. . . .

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Federal Government Is On Board The Eight Pending Lawsuits Against Health Management Associates Inc.

03 Monday Feb 2014

Posted by Celia C. Elwell, RP in False Claims Act, Fraud, Health Law

≈ Comments Off on Federal Government Is On Board The Eight Pending Lawsuits Against Health Management Associates Inc.

Tags

Alabama, Arkansas, Emergency Room, ER, False Claims Act, Federal Health Care, Florida, Fraud, Gary Newsome, Georgia, Health Management Associates Inc., HMA, Hospitals, Inpatient Admissions, Kentucky, Kickbacks, Mississippi, Missouri, North Carolina Supreme Court, Oklahoma, Pennsylvania, South Carolina, Tennessee, Texas Supreme Court, Washington, West Virginia

Government Intervenes in Lawsuits Against Health Management Associates Inc. Hospital Chain Alleging Unnecessary Inpatient Admissions and Payment of Kickbacks, by Department of Justice, Office of Public Affairs

http://www.justice.gov/opa/pr/2014/January/14-civ-037.html

The government has intervened in eight False Claims Act lawsuits against Health Management Associates Inc. (HMA) alleging that HMA billed federal health care programs for medically unnecessary inpatient admissions from the emergency departments at HMA hospitals and paid remuneration to physicians in exchange for patient referrals, the Justice Department announced today.  The government also has joined in the allegations in one of these lawsuits that Gary Newsome, HMA’s former CEO, directed HMA’s corporate practice of pressuring emergency department physicians and hospital administrators to raise inpatient admission rates, regardless of medical necessity.  HMA operates 71 hospitals in 15 states: Alabama, Arkansas, Florida, Georgia, Kentucky, Mississippi, Missouri, North Carolina, Oklahoma, Pennsylvania, South Carolina, Tennessee, Texas, Washington and West Virginia.

*     *     *

The lawsuits allege that HMA’s corporate officers, at the direction of Newsome, exerted significant pressure on doctors in the emergency department to admit patients who could have been placed in observation, treated as outpatients or discharged, and that this resulted in the submission of inflated or false claims to federal health care programs.  One lawsuit also alleges that patients were improperly admitted for scheduled surgical procedures that should have been done on an outpatient basis.  The complaints further allege that HMA paid kickbacks, either in the form of bonuses or awarded contracts, to physician groups staffing HMA emergency rooms to induce the physicians to admit patients unnecessarily. . . .  [Emphasis added.]

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PDF Hyperlinks & E-Briefs Requirement by Some Courts.

18 Saturday Jan 2014

Posted by Celia C. Elwell, RP in Brief Writing, Citations, E-Briefs, E-Briefs, Legal Writing, PDF Hyperlinks, Quotations, Tennessee Supreme Court, United States Supreme Court

≈ Comments Off on PDF Hyperlinks & E-Briefs Requirement by Some Courts.

Tags

California, Connecticut, E-Briefs, Ernie Svenson, Federal Court, Hon. David Nuffer, Hyperlinking, Link Rot, New Hampshire, PDF for Lawyers, PDF Hyperlinks, Texas Supreme Court, U.S. Supreme Court

PDF Hyperlinks & E-Briefs: Overview Of How Lawyers Can Use And Create Them, By Ernie Svenson, PDF for Lawyers

http://pdfforlawyers.com/pdf-hyperlinks-ebriefs/

To emphasize the point, here is a brief compilation of Courts that use or require .pdf hyperlinks. Please note that this is not a complete list. If you know of other courts that require or allow .pdf hyperlinks in briefs, please forward that information to me, and I will post it. As a general caveat, always check your Court’s rules when preparing any brief to be filed with the Court, and follow them concisely.

Also, please note that the U.S. Supreme Court uses hyperlinks to citations in its opinions. But, it has encountered something called “link rot,” which causes hyperlinks to deteriorate with time. That issue has been discussed in here at:  https://researchingparalegal.com/2013/10/22/a-plan-to-stop-link-rot-forever-perma-cc/. You can easily subscribe to Perma.cc. The only problem I have encountered that it is still in beta stage and is not 100% reliable. If you encounter problems, the people who do the trouble-shooting respond quickly.-CCE

Electric Filing Order, Supreme Court of Texas: http://www.supreme.courts.state.tx.us/ebriefs/ebriefs.asp

New Hampshire Judicial Branch: http://www.courts.state.nh.us/supreme/ebriefs/ 

Electronic Briefs in Trial and Appellate Courts, Jurist: http://jurist.law.pitt.edu/courttech3.htm

California Courts – Electronic Filing/Submissions: http://www.courts.ca.gov/8872.htm

State of Connecticut Judicial Branch – E-Citation Procedures and Technical Standards: https://eservices.jud.ct.gov/Login.aspx?ReturnUrl=%2fdefault.aspx

 

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Former Texas “Texting” Judge Now Running for District Attorney.

12 Sunday Jan 2014

Posted by Celia C. Elwell, RP in Judges, Legal Ethics

≈ Comments Off on Former Texas “Texting” Judge Now Running for District Attorney.

Tags

Attorney Discipline, District Attorney, Elizabeth Coker, Legal Ethics, techdirt Blog, Texas Judge, Texas Supreme Court, Tim Cushing

Former Judge Who Was Caught Texting Instructions To Prosecutors Now Running For District Attorney Post, by Tim Cushing, techdirt Blog

http://tinyurl.com/prtyo82

Her resignation from the bench was effective December 6. The press release announcing her campaign to run for district attorney of Polk County came out two days later. This should be interesting. Let’s see what happens. -CCE

Former Texas Judge Elizabeth Coker resigned from the bench on December 6, 2013. She announced that she was running for District Attorney on December 8, 2013.

*     *     *

Judges are supposed to be impartial arbiters of justice. However, former Texas judge Elizabeth Coker felt the prosecution needed a helping hand now and then to ensure “justice” was done and provided hints via text messages to district attorneys. Once evidence of her ex parte communications became public knowledge after an investigation, Coker resigned — or as she put it, ‘took one for the team.’

 

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Texas Supreme Court Embraces Email and Amends Civil Procedure Rules.

08 Wednesday Jan 2014

Posted by Celia C. Elwell, RP in Court Orders, Court Rules, Emails, Legal Technology, Texas Supreme Court, Trial Tips and Techniques

≈ Comments Off on Texas Supreme Court Embraces Email and Amends Civil Procedure Rules.

Tags

Civil Procedure, Frank O. Carroll III, Proof of Service, Redaction, Signature Blocks, TexAppBlog, Texas Supreme Court

Texas Supreme Court Decides Email is Here to Stay, Amends Rules of Civil Procedure Accordingly, by Frank O. Carroll III, TexAppBlog

http://tinyurl.com/jwrwy7u

When it comes to civil courts in Texas, the theme for 2013 was “fast-tracking.” The Texas Rules of Civil Procedure saw a number of changes related to triaging and expediting low-dollar controversies and eliminating “frivolous” cases early in the litigation process. While limiting requests for production and depositions in cases under $100,000 is all well and good, civil courts in Texas face much greater problems on a day-to-day basis.

One such problem is the underutilization of technology. Before 2014, email didn’t exist as far as the Texas Rules of Civil Procedure were concerned, electronic filing by fax was the equivalent of placing an envelope in the mail, and FedEx was a great way to send birthday gifts, but an unacceptable way to send discovery requests. But a new day has dawned, and 2014 is upon us…

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Texas’ Backlog of Federal Judicial Vacancies.

29 Sunday Dec 2013

Posted by Celia C. Elwell, RP in 5th Circuit Court of Appeals, Judges, Texas Supreme Court

≈ Comments Off on Texas’ Backlog of Federal Judicial Vacancies.

Tags

Federal Judges, How Appealing, Howard Bashman, Judges, Nuclear option, Senate, Texas Supreme Court, United States Senate, White House

English: Seal of Texas

Senate’s ‘Nuclear Option’ Won’t Help Clear Backlog Of Texas Judicial Vacancies, by Todd J. Gillman, The Dallas Morning News (with hat tip to Howard Bashman, How Appealing Blog!)

http://tinyurl.com/mxklpsw

Federal courts that handle Texas cases have nine vacancies and until last week, no nominees, accounting for more than 20 percent of empty benches nationwide. One of those came open more than five years ago.

The predictable result: backlogs and delays, especially in civil cases.

“The nuclear option will not change the logjam. The White House is not going to nominate anyone from Texas until it’s clear the senators will approve them,” said Royal Furgeson, dean of the University of North Texas Law School in Dallas, planned to open next year.

He called the persistent vacancies ‘a giant problem,’ and he would know; he’s the judge who stepped down in November 2008 from a San Antonio trial court.

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Texas Moves To Its New E-Filing Website.

06 Friday Dec 2013

Posted by Celia C. Elwell, RP in Courts, E-Filing, Texas Supreme Court

≈ Comments Off on Texas Moves To Its New E-Filing Website.

Tags

Courts, E-Filing, EFILETEXAS.gov, Texas Supreme Court

We’ve moved! New e-filing website goes live, posted by Angela Morris, Texas Lawyer in Texas Law

http://shererandcrow.com/texas-law/weve-moved-new-e-filing-website-goes-live/

The state’s new system for electronically filing court documents has a new online home: EFileTexas.gov went live today, Dec. 6.

Starting Monday, the old site to access the e-filing system will go offline and anyone who visits TexFile.com will automatically be rerouted to EFileTexas.gov, according to a notice on TexFile.com.

 

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Feel the Need For A Kindergarten Refresher? Judge Sam Sparks Arranges Opportunity for Unfortunate Counsel.

03 Tuesday Dec 2013

Posted by Celia C. Elwell, RP in Court Rules, Discovery, Judges, Sanctions, Subpoenas

≈ Comments Off on Feel the Need For A Kindergarten Refresher? Judge Sam Sparks Arranges Opportunity for Unfortunate Counsel.

Tags

Austin, Discovery, Judge Sam Sparks, Kindergarten, Subpoeanas, Texas Supreme Court

Judge Defends “Kindergarten” Order, by Nathan Koppel, Wall Street Journal Law Blog

http://blogs.wsj.com/law/2011/09/27/austin-judge-defends-his-kindergarten-order/

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Newly Retired Texas Chief Justice Criticizes Judicial Election System in Texas

18 Friday Oct 2013

Posted by Celia C. Elwell, RP in Election Laws, Judges

≈ Comments Off on Newly Retired Texas Chief Justice Criticizes Judicial Election System in Texas

Tags

Election, Judges, Judicial Campaigns, Texas Supreme Court, Texas Supreme Court

‘A Broken System’: Texas’s Former Chief Justice Condemns Judicial Elections, by Andrew Cohen, The Atlantic
http://bit.ly/16U9ykI

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