Claims and Bad Faith Law Blog

POSTSCRIPT TO THREE ARTICLES REGARDING KEEPING SECRETS IN COMPLAINTS.

This is a postscript to articles published here starting on September 29, 2023 and continuing on October 2, 2023 and on October 4, 2023 about the complaint filed in September 2023 by the Federal Trade Commission against U.S. Anesthesia Partners, Inc., et al.  This was the first time that the FTC sued a private equity firm for allegedly increasing the price and thereby restricting the availability of patients' care.

Although large swaths of the Federal Trade Commission's allegations were blacked out or redacted in the version of the FTC complaint that was filed at the inception of the lawsuit in September 2023, a "Redacted Public Version" of the complaint has since been made available to the public.  FTC v. U.S. Anesthesia Ptrs., Inc., "Redacted Public Version" of Complaint, DE 69, filed Oct. 26, 2023 (S.D. Tex. Case No. 4:23-cv-03560), Download FTC v. U.S. Anesthesia Ptrs Inc. Redacted Public Version (of FTC Complaint) DE 69 filed Oct. 26 2023 (S.D. Tex. No. 4.23-cv-03560). The amounts by which the defendant private equity firm increased its profits or received in revenues remain blacked out, for some reason.  For example, see Paragraph 21, page 11 of Download FTC v. U.S. Anesthesia Ptrs Inc., Redacted Public Version (of FTC Complaint) DE 69 filed Oct. 26 2023 (S.D. Tex. No. 4.23-cv-03560).

It is worth noting that a group called The American Investment Council has been permitted to file an amicus brief.  The Federal Rules of course require the issues and Argument on each issue to be stated on the Table of Contents page of briefs.  In this case, the AIC's very first stated Argument is that "private equity greatly benefits the American economy."  FTC v. U.S. Anesthesia Ptrs., Inc., Brief of the American Investment Council as Amicus Curiae, p. iii, DE 117, filed Jan. 3, 2024 (S.D. Tex. No. 4:23-cv-03560), Download FTC v. U.S. Anesthesia Ptrs Inc., Brief of American Investment Council as Amicus Curiae DE 117 filed Jan. 3 2024 (S.D. Tex. No. 4.23-cv-03560).

Please read the disclaimer.  ©2024 Dennis J. Wall.  All rights reserved.

SPEAK, MR. BARR, SPEAK.

A guest article by John K. DiMugno, Esquire, a California attorney, legal educator, and the author or coauthor of multiple legal treatises and legal periodicals published by Thomson Reuters.

William P. Barr, Attorney General of the United States, recently spoke at the American Law Institute’s Annual Meeting in Washington, D.C. The ALI likely extended the invitation shortly after Mr. Barr’s confirmation when there was hope that he would play a role similar to that of the departed General Mattis and General McMaster and place guardrails on the President’s more authoritarian instincts. By the time of the Annual Meeting, those hopes had evaporated. Mr. Barr’s dissembling about the contents of the Mueller Report raised serious concerns about the Attorney General’s complicity in administration efforts to undermine the rule of law.

This Blog highlighted the incongruity between Mr. Barr’s conduct in office and the core mission of the ALI. Notably, Mr. Wall’s post made no attempt to silence Mr. Barr, a solution that would have satisfied the wishes of many in the ALI who were rightfully appalled by Mr. Barr’s transparent attempt to mislead the American public. But barring Mr. Barr from speaking would have entangled the ALI in partisan politics, something the organization scrupulously avoids for good reason. Staying above the political fray insulates the ALI’s Restatements of the Law against charges of political bias and broadens their influence on courts and legislatures around the country.

Mr. Wall’s proposed solution—letting Mr. Barr speak while contributing the ALI’s earnings from the speech to legal aid societies around the country—perfectly balanced those competing concerns. It had the salutary effect of simultaneously benefitting public interest groups that desperately need the money while drawing attention to questions about Mr. Barr’s integrity.

Mr. Barr’s penchant for making transparently misleading and often contradictory statements has left some wondering what he hopes to achieve other than aggrandize power and influence in the Trump administration. Sharon LaFraniere, Charlie Savage and Katie Benner, People Are Trying to Figure Out William Barr. He’s Busy Stockpiling Power, New York Times on line, June 9, 2019. 

He misled the American public about the contents of the Mueller Report knowing full well that when the report was released several weeks later his lies would be evident to everyone.

When Mr. Barr sought confirmation as Attorney General, he told the U.S. Senate that he had known Robert Mueller for years and did not believe that Mr. Mueller would engage in a “witch hunt.”  Yet, shortly before his confirmation hearings, he sent a memo to the Justice Department characterizing the obstruction of justice charges against the President as “asinine” and sent an e-mail stating he saw far less reason to scrutinize the Trump campaign’s ties to Russia than to investigate whether donations to Hillary Clinton’s family foundation had influenced her actions as secretary of state. Once he was confirmed, he enabled the President’s attempts to distract from the contents of the Mueller Report by opening an investigation of those who investigated him.

When Mr. Barr was seeking confirmation, he told the U.S. Senate Judiciary Committee that he was willing to reconsider the Justice Department’s decision not to defend the Affordable Care Act (ACA).  But, when he became Attorney General, he put the resources of the Justice Department behind litigation in Texas federal district court seeking to invalidate the entire Affordable Care Act.

As the song goes, “There’s something happening here. What it is ain’t exactly clear.” Buffalo Springfield, For What It’s Worth.  I say let Mr. Barr speak. Listen closely to what he says and watch what he does. Only then will whatever is happening start to become clear.

Download John DiMugno 06 13 19 Blog Article for IBF (2)

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IF BUNDLED FLORIDA AMENDMENTS WERE GOOD, YOU COULD VOTE ON EACH. YOU CAN'T.

Election Day here in Florida is the same as in the rest of the country of course, November 6, 2018.

          Unlike the rest of the country we in Florida have been given a scam, 19 proposed "amendments" to the Florida Constitution packaged together and numbered 6 through 12 (8 was thrown out by the Florida Supreme Court; it was too deceptive even for them).  Count 'em as they say.  That's 19 bundled, bungled amendments in the clothes of 6 packages of so-called "amendments."

          They were intended to be confusing of course.  That includes "Amendment 6," the so-called "Victim's Rights Amendment" which really is 3 amendments disguised as 1.

          They are explained in understandable terms in a brief PowerPoint I made and converted into a YouTube video for 11 minutes and 11 seconds, The Florida Constitution:  A Presentation of the Bundled Amendments on the Florida Ballot (October 2018), at https://youtu.be/Ma4Div0yXos. 

          Read all about these bungled amendments.  Then make your mind up if you vote in Florida whether you want to vote for any one of them, or against all of them.  Remember that if the 2017-2018 Constitution Revision Commission gets away with this bundling business, they will do it again next time.

          And remember this also:  If a single amendment is really good, they will come back with it next time.  You can count on that.

Please Read The Disclaimer.  ©2018 Dennis J. Wall.  All Rights Reserved. 

FLORIDA BALLOT TRICKS. NOT TREATS, NO WAY.

We are in the middle of early voting here in Florida.  It ends on November 4th.  Election Day here is the same as in the rest of the country of course, November 6, 2018.

          However unlike the rest of the country we in Florida have been gifted with tricks, 19 bundled, bungled amendments in the clothes of 6 packages of so-called "amendments."  They were intended to be confusing.

          They are explained in understandable terms in a brief PowerPoint I made and converted into a YouTube video, The Florida Constitution:  A Presentation of the Bundled Amendments on the Florida Ballot (October 2018).

          Read all about these bungled amendments.  Then make your mind up if you vote in Florida whether you want to vote for any one of them, or against all of them.  Remember that if the 2017-2018 Constitution Revision Commission gets away with this bundling business, they will do it again next time.

Please Read The Disclaimer.  ©2018 Dennis J. Wall.  All Rights Reserved.

THE FLORIDA CONSTITUTION: PRESENTING THE BUNDLED AMENDMENTS ON THE BALLOT.

For a fresh look at things that you were never meant to know, read the Powerpoint presentation on the Bundled Amendments that are going to be on the Florida Ballot.  You can also watch and listen to the presentation uploaded as a video to YouTube!   https://youtu.be/Ma4Div0yXos.

P.S.

Oh, and I keep forgetting this part that is so important to many other YouTubers:  When you go to YouTube to view this video, please put a "like" on it!  Thank you.

Please Read The Disclaimer.  ©2018 Dennis J. Wall.  All Rights Reserved.

LENDER FORCE-PLACED INSURANCE LITIGATION AND THE FILED RATE DOCTRINE.

AND THE ISSUES IN FLORIDA.

Watch and learn from YouTube and the video of Lender Force-Placed Insurance Litigation and the Filed Rate Doctrine.

Fresh from presentation to the Florida Bar and updated.  Education and enjoyment at the same time, and all of it for free.  Enjoy your experience!

Please Read The Disclaimer.  ©2018 Dennis J. Wall.  All Rights Reserved.