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Case Digests

Qui Tam Claim – Medical Billing

Sophisticated players in the healthcare market know that services come at a cost; providers charge fees commensurate with the services rendered; and payors expect to receive value for their money.

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Habeas Relief – Double Jeopardy

The Double Jeopardy Clause of the Fifth Amendment provides that “No person shall … be subject for the same offence to be twice put in jeopardy of life or limb.”

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Preliminary Injunction

In 2016, the City of Chicago and the Barack Obama Foundation selected Jackson Park in Chicago as the location for the Obama Presidential Center.

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Appellate Jurisdiction

Wisconsin inmate Marvin Carter has waited four years and counting to challenge his 2017 sentence on direct appeal in state court.

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CHIPS – Newly Discovered Evidence

M.T.W. appeals from a dispositional order entered after a jury verdict, adjudicating C.M.R.-W. as a child in need of protection or services (CHIPS). M.T.W. filed a postdisposition motion a year later contending that newly discovered evidence warranted a new trial.

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Involuntary Commitment and Medication

Peter Farnsworth appeals an order committing him for treatment in order to restore him to competency to proceed in his criminal case, and subjecting him to involuntary medication.

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Termination of Parental Rights

In this termination of parental rights (“TPR”) action, the Douglas County Department of Health and Human Services (“the County”) filed a petition to terminate David’s parental rights to his son, Dylan, based on two grounds: continuing need of protection or services (“continuing CHIPS”), see WIS. STAT. § 48.415(2); and failure to assume parental responsibility, see § 48.415(6).

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Plea Colloquy

Donald Christopher appeals from an order denying his postconviction motion for plea withdrawal based upon claims of a defective plea colloquy and several instances of ineffective assistance of counsel.

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Suppression of Evidence – Expert Testimony

Following a jury trial, Elijah Vines was found guilty of five counts related to sex trafficking of a minor, including: sex trafficking of a child, in violation of 18 U.S.C. §§ 1591(a)(1), (b)(2), and (c); sex trafficking of a child, in violation of 18 U.S.C. §§ 1591(a)(2) and (b)(2); conspiracy to commit sex trafficking of a minor, in violation of 18 U.S.C. §§ 1594(c) and 1591; transportation of a minor, in violation of 18 U.S.C. § 2423(a); and interstate travel in aid of racketeering, in violation of 18 U.S.C. § 1952(a)(3).

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Sentencing Guidelines

Jesus Raul Beltran-Leon (“Beltran”) pleaded guilty to one count of conspiracy to possess with intent to distribute controlled substances, in violation of 21 U.S.C. §§ 841(a) and 846.

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Restitution

Dameion Wyatt victimized six females, each of whom acted as prostitutes under Wyatt’s abusive supervision over varying periods from September 2011 through May 2014.

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Breach of Implied Warranty

Bernard and Beverly Zylstra spent close to $100,000 on a brand-new recreational vehicle in order to enjoy travel and recreation during their retirement years.

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TCPA – Jurisdiction

Christopher Bilek received two unauthorized robocalls soliciting health insurance that he alleged violated the Telephone Consumer Protection Act and the Illinois Automatic Telephone Dialing Act. Bilek sued Federal Insurance Company and Health Insurance Innovations on a vicarious liability theory, claiming that defendants’ agents generated the unauthorized robocalls.

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