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dk-thrive · 2 months

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It would be nice to get better at writing. It would be nice to make a little book of all the injunctions you have towards yourself.

— Sheila Heti, Alphabetical Diaries (Farrar, Straus and Giroux, February 6, 2024)

#Sheila Heti #write #writer #writing #injunction #stop #fear #prevent #procrastinate #alphabetical diaries

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waldschimmel · 9 months

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#injunction #till lindemann

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koherston · 20 days

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Gag Order Challenged in Franklin, Tennessee Contempt Case: Malone v. Rose

When can Tennessee court infringe on someone's freedom of speech?

Facts: Father was involved in a legal dispute with Maternal Grandparents about 11-year-old Child. Father was found guilty of criminal contempt. At the hearing to set Father’s bail pending an appeal, Father’s father—Child’s paternal grandfather—testified as a witness. The trial court admonished Paternal Grandfather not to discuss the case with Child. The trial court was concerned because Paternal…

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#Family law #Free speech #Injunction

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tenth-sentence · 24 days

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Mrs. Bennet was diffuse in her good wishes for the felicity of her daughter, and impressive in her injunctions that she should not miss the opportunity of enjoying herself as much as possible – advice which there was every reason to believe would be well attended to; and in the clamorous happiness of Lydia herself in bidding farewell, the more gentle adieus of her sisters were uttered without being heard.

"Pride and Prejudice" - Jane Austen

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bzalma · 2 months

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Patient Brokering and Referral Scheme Enjoined

GEICO Again Acts Proactively Against Insurance Fraud and Takes a Bite Out of Crime

Barry Zalma Mar 19, 2024

Read the full article at https://lnkd.in/gm4ttTqE, se the full video at https://lnkd.in/gUS-VWxh and at https://lnkd.in/gf2z-idy and at https://zalma.com/blog plus more than 4750 posts.

No-Fault auto insurance was touted as a panacea to increasing insurance rates because of auto accident litigation. It failed because it turned into a profit center for dishonest lawyers, heath care providers and patient brokers.

“GEICO,” the victim of many health care frauds sued multiple health care providers, patient brokers, and other fraudsters, alleging RICO violations; common law fraud; aiding and abetting fraud; unjust enrichment; violations of the New Jersey Insurance Fraud Prevention Act; and seeking a declaratory judgment based on an alleged scheme to collect reimbursement on thousands of fraudulent no-fault insurance claims. GEICO moved against the Defendants seeking an order, pending disposition of GEICO’s claims in this action, (1) staying all pending no-fault insurance collection arbitrations and state court collections lawsuits that have been commenced against GEICO by or on behalf of the Gerling Defendants; and (2) enjoining the Gerling Defendants, and anyone acting or purporting to act on their behalf, from commencing any further no-fault insurance collection arbitrations or collections litigation against GEICO.

In Government Employees Insurance Co., GEICO Indemnity Co., GEICO General Insurance Company, and GEICO Casualty Co. v. Michael Gerling, M.D., et al and Campiro, Inc., No. 23-CV-7693 (PKC) (MMH), United States District Court, E.D. New York (February 26, 2024) the USDC took a bite out of crime.

BACKGROUND

GEICO is an authorized automobile insurer in New York and New Jersey. GEICO alleges that the Gerling Defendants participated in an unlawful patient brokering and referral scheme wherein the Gerling Defendants provided fraudulent, medically unnecessary services to individuals who claimed that they were involved in automobile accidents and covered by no-fault insurance policies issued by GEICO (the “Insureds”). In turn, the Gerling Defendants submitted or caused to be submitted thousands of fraudulent no-fault insurance charges for reimbursement by GEICO.

According to GEICO, Gerling entered into a patient brokering and referral scheme with defendants. The Campiro Defendants and various personal injury attorneys “would cause patients to be referred to Gerling and NY Orthopedics for surgical procedures,” and the Campiro Defendants would pay Gerling “to perform invasive, expensive, and medically unnecessary surgeries.”

The Complaint provides multiple examples of fraudulent conduct by the Defendants. The examples included billing by the Gerling Defendants for procedures not warranted; billing where the Insureds were “recommended a substantially identical course of medically unnecessary ‘treatment’” for a single accident “despite the fact that they were differently situated; billing for “surgical procedures to Insureds who did not have any serious symptoms secondary to any automobile accident that legitimately would warrant the procedures”; and false multiple representations.

GEICO alleged that the Gerling Defendants’ bills and treatment reports were false and misleading.

GEICO seeks to recover more than $2,200,000 already paid to Defendants under the alleged fraudulent scheme.

DISCUSSION

The Court first considers GEICO’s request with respect to pending and future arbitrations.

Irreparable Harm Absent Injunctive Relief

GEICO has demonstrated that it would face irreparable harm if the Gerling Defendants are permitted to continue pursuing collection arbitrations during the pendency of this lawsuit because those arbitration actions “might eventually be, at best, inconsistent with th[e] Court’s ruling, and at worst, essentially ineffective.

The Court found “that litigating the relatively small number of disputed arbitrations would irreparably harm [GEICO] absent a stay,” through the “risk of inconsistent judgments . . . in addition to money damages [potentially] not being available.” The Court found that GEICO has shown irreparable harm.

Serious Questions Going to the Merits

GEICO has raised serious questions going to the merits. The Court rejected the Gerling Defendants’ patently frivolous objection that GEICO has not provided substantive proof for the Court to consider other than its unverified Complaint. GEICO has provided evidentiary support for its allegations, not just with exhibits attached to the Complaint, but with exhibits attached in support of this motion. By specifically alleging an illicit patient brokering and referral scheme, describing in detail the unnecessary and substantially identical treatments provided to dozens of Insureds, and identifying specific types of billing misrepresentations-with documented examples-GEICO has raised “serious questions going to the merits.”

Balance of the Hardships

Finally, GEICO has demonstrated that the balance of the hardships tips decidedly in its favor. The Court concluded that GEICO has demonstrated that a preliminary injunction staying all pending collection arbitrations and enjoining future collection arbitrations is justified. Pending and Future Collection Lawsuits

The Court agreed with GEICO that the “fragmentation” of this dispute into approximately 50 or more lawsuits “would nullify GEICO’s efforts to prove fraud at a systemic level, impair a federal declaratory judgment action over which the Court has taken jurisdiction precisely to eliminate such fragmentation, and deprive GEICO of an avenue toward complete relief in any court.

CONCLUSION

Under the circumstances, the Court concluded that it has the statutory authority to stay pending lawsuits and enjoin future lawsuits by the Gerling Defendants against GEICO during the pendency of this litigation, and that it should do so here.

The Court granted GEICO’s request in full and issued an Order (1) staying all pending nofault insurance collection arbitrations and state court collection lawsuits that have been commenced against GEICO by or on behalf of the Gerling Defendants; and (2) enjoining the Gerling Defendants, and anyone acting or purporting to act on their behalf, from commencing any further no-fault insurance collection arbitrations or new no-fault collection lawsuits against GEICO.

The security requirement under Federal Rule of Civil Procedure 65(c) is waived.

ZALMA OPINION

The acts of health care providers who join with criminal entities to create thousands of fraudulent claims under the New York and New Jersey no-fault laws whose purpose to avoid litigation with regard to auto accidents and help reduce auto insurance premiums are being thwarted by fraud perpetrators. The fraudsters litigate with insurers who have no defense to the cause of the injuries. Since the state of New York are unwilling or simply refuse to prosecute the fraudsters GEICO has become proactive and are working to take the profit out of the crime. If the state won’t help and prosecute the fraudsters all insurers must emulate GEICO if they too are victims of fraud.

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Please tell your friends and colleagues about this blog and the videos and let them subscribe to the blog and the videos. Subscribe to my substack at https://lnkd.in/gcZKhG6g; Go to X @bzalma; Rumble.com at https://lnkd.in/gV9QJYH; Go to the Insurance Claims Library – https://lnkd.in/gwEYk; https://lnkd.in/g2hGv88.

#fraud #insurance fraud #patient brokering #health insurance fraud #enjoined #injunction #insurance books #amazon.com

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whats-in-a-sentence · 2 months

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It was a struggle to teach healthy girls to restrain and repress themselves; but the elite clothes, with tight bodices and long skirts, crushed lungs and stomach and limited mobility. Women's fashions disabled growing girls: 'As women's bodies were deformed from the age of two by metal stays that contracted their upper torso (and rendered their health attractively delicate), so their minds were deformed by the injunctions to remain silent and silly.'

"Normal Women: 900 Years of Making History" - Philippa Gregory

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digitaltariq · 2 months

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Worldcoin fails to get injunction towards Spain's privateness suspension

Controversial eyeball scanning startup Worldcoin has didn't get an injunction towards a brief suspension ordered Wednesday by Spain's information safety authority, the AEPD. The authority used emergency powers contained within the European Union's Normal Knowledge Safety Regulation (GDPR) to make the native order, which might apply for as much as three months. It stated it was taking the precautionary measure towards Worldcoin's operator, Instruments for Humanity, in gentle of the delicate nature of the biometric information being collected, which might pose a excessive danger to the rights and freedoms of people. It additionally raised particular considerations about dangers to minors, citing complaints obtained. At this time a Madrid-based Excessive Courtroom declined to grant an injunction towards the AEPD's order, saying that the "safeguarding of public curiosity" have to be prioritized. As we reported Friday, the crypto blockchain biometrics digital identification agency shuttered scanning available in the market shortly after the AEPD order -- which gave it 72 hours to conform. At this time's court docket resolution means Worldcoin's companies stay suspended in Spain -- for as much as three months. In its enchantment towards the AEPD's order, Instruments for Humanity had sought to argue the Spanish authority had overstepped by triggering the GDPR's Article 66 "urgency process" -- in gentle of an open investigation by the Bavarian information safety authority, its lead DPA below the GDPR's mechanism for streamlining oversight of cross-border complaints. It additionally pointed to the shortage of any interventions on its operations by the German authority to date. Nevertheless the court docket discovered the AEPD's suspension order to be justified on account of the dangers round biometric information and what number of people are being put in danger by Worldcoin's processing, together with youngsters. It additionally famous doubt over the validity of the authorized base claimed (consent) and the extent of data offered in regards to the processing, and cited considerations in regards to the enterprise' affect on information topics' rights, corresponding to the fitting to withdraw consent and to have private information deleted. The continuing offers a couple of extra tidbits of element on the 4 complaints obtained by AEPD -- which the court docket stated point out information from minors is being captured by Worldcoin; inadequate data is being offered; there isn't a method for individuals to withdraw consent; and, on information deletion, information topics are simply being directed to delete the app (i.e. which might not end in all their private information being erased). Moreover, the court docket notes one of many complainants instructed the AEPD {that a} supposed deletion process doesn't work, because it requires the corporate to ship a code by mail that all the time arrives late, rendering it invalid when it reaches them. In interesting for an injunction, Instruments For Humanity additionally sought to argue the non permanent suspension would trigger its international enterprise "irreparable hurt", together with suggesting it could trigger financial hurt, harm its status and make the long run success of its eyeball-scanning enterprise much less probably. Once more, the Courtroom was unimpressed, dismissing what it described as "unsubstantiated assertions" and mentioning the AEPD's suspension is time-limited; solely applies in Spain; and is compensable (i.e. there is a route for it to assert compensation in future if it prevails in court docket). Reached for touch upon the dismissal of its enchantment for an injunction, Instruments for Humanity's spokeswoman, Rebecca Hahn, emailed a press release she stated is attributable to Worldcoin: Worldcoin is absolutely compliant with all legal guidelines and laws governing biometric information assortment and information switch, together with Europe's Normal Knowledge Safety Regulation ("GDPR"). Since our earlier makes an attempt to interact AEPD went unanswered, we sit up for the chance to exhibit this compliance and supply the regulator with correct and essential data relating to this important and lawful know-how within the Spanish Excessive Courtroom. Read the full article

#AEPD #biometricdata #dataprotection #fails #injunction #privacy #Spain #Spains #suspension #ToolsforHumanity #Worldcoin

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idealog · 6 months

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youtube

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blaqsbi · 6 months

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Post: ♥️Sweet Couples♥️ https://www.blaqsbi.com/54k3

#shadowbanned #Injunction

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lexlawuk · 6 months

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Petition against Bridger & Co Solicitors Advertised, Injunction Refused

The High Court recently denied an injunction in a legal dispute involving Welsh law firm Bridger & Co Limited, which owes £2.2 million to disbursement funder Specialist Lending Ltd, trading as Duologi. Bridger & Co's winding-up petition was filed on June

In a recent legal battle, the High Court has refused to grant an injunction to restrain the creditor of a Welsh law firm, Bridger & Co Limited, which owes £2.2 million to disbursement funder Specialist Lending Ltd, trading as Duologi. The Winding-up Petition against Bridger & Co was filed on 15 June 2023 under case number: CR-2023-003149. The injunction by Bridger & Co sought to prevent Duologi…

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#Advertising #Agreements #Companies Court #Disbursement Funding #high court #Injunction #Insolvency #law firm #statutory demand #Winding Up Petition

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kstarvibes · 6 months

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Seoul High Court Rejects 3 FIFTY FIFTY Members’ Appeal For Injunction

The Seoul High Court has denied FIFTY FIFTY’s Saena, Sio, and Aran’s appeal and upheld the decision in favor of ATTRAKT. Earlier this year, the members of FIFTY FIFTY filed an application for provisional disposition to suspend the validity of their exclusive contracts with their agency, ATTRAKT. However, on August 28, the Seoul Central District Court denied their request to suspend their…

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#Appeal #Court #FIFTY #High #Injunction #Members #Rejects #Seoul

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kesarijournal · 10 months

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The Unseen Hand: A Tale of Free Speech, Social Media, and the Invisible Puppeteers

Well, well, well, if it isn’t another day in the land of the free and the home of the brave. A land where freedom of speech is as sacred as apple pie, baseball, and reality TV. But it seems that our dear leaders have been caught with their hands in the proverbial cookie jar, or should I say, the social media jar.In a recent turn of events that would make George Orwell do a double-take, a certain…

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#Biden #courts #dailyprompt #freedom of speech #freedom-of-speech-and-expression #Human Rights #info-wars #injunction #judgement #judges #lawsuit #media #Politics #White-House #Youtube

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xtremeservers · 10 months

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Microsoft is fighting an injunction by t... https://www.xtremeservers.com/blog/the-xbox-trial-that-could-change-everything-7-bombshell-reveals/?feed_id=79887&_unique_id=649b192ec23b7&The%20Xbox%20Trial%20That%20Could%20Change%20Everything%3A%207%20Bombshell%20Reveals

#PC #Xbox #fighting #injunction #Microsoft

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tv-knows-you-com-inc · 1 year

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#live streaming video technology #TikTok #patent infringement #end user license #developer license #TV Knows You.com #Inc.#Gabriel De La Vega Jr.#cell phone #United States of America #federal judge #legal action #injunction #exclusive rights #online video #mobile video #video streaming #patent law.

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newsbites · 1 year

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Charges laid against the protesters are starting to collapse.

#Vancouver Island #arrests #charges #logging company #protesters #assembled #old growth #trees #police #injunction #case #BC #Canada #news #via Politicoast #CBC #world news

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lawofficeofryansshipp · 1 year

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Florida Contract Lawyers

Florida Contract Lawyers What is a Consumer Contract? You made need Florida Contract Lawyers in your corner if any of the following situations has happened to you: You just signed a contract with a business for a service and are now having second thoughts. The business you signed a contract with promised you something and isn’t delivering on their promise. You just wanted a simple service and…

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