Rehearings - 8/17/12

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Indiana Lawyer Rehearing

Former fugitive doctor enters guilty plea - IL Rehearing "Disgraced 'Nose Doctor' keeping lawyers busy" June 22-July 5, 2012

A former Merrillville ear, nose and throat doctor who eluded authorities for more than five years before his capture on a snowy Italian mountainside pleaded guilty to felony charges of insurance fraud July 23.

Mark Weinberger, 49, built a multi-million-dollar practice billing himself as “The Nose Doctor.” He abandoned the practice in 2004, disappearing while vacationing in Greece. He was captured in 2009 and extradited to the United States, where he had debts totaling millions of dollars and faces hundreds of malpractice claims.

Weinberger pleaded guilty before Chief Judge Philip Simon in the Hammond Division of the U.S. District Court for the Northern District of Indiana. Sentencing is set for Oct. 12, and he faces up to 10 years in prison if Simon accepts the plea.

Simon told the Post-Tribune of Merrillville, “I’m virtually certain I’m going to accept the plea agreement.”

It’s the second time Weinberger has pleaded to the charges. Last year, Simon rejected a plea deal in which Weinberger would have served a four-year prison sentence. Weinberger is charged with 22 counts of insurance fraud alleging that he billed his malpractice carrier for surgeries that he didn’t perform totaling about $350,000.

Weinberger also faces more than 350 malpractice suits from former patients who claimed that Weinberger performed unnecessary or outmoded surgeries that might have worsened their conditions.

Separately, Weinberger’s malpractice carrier has sued him, claiming he was uncooperative and his actions void its duty to defend. Weinberger, in turn, sued the carrier, claiming bad faith. Still to be untangled in the federal courts is who will pay mounting judgments. The Indiana Patient’s Compensation Fund, which pays malpractice judgments up to $1 million above the insurance cap of $250,000, also is involved in the Weinberger cases in federal court.

In April, U.S. Magistrate Judge Andrew Rodovich in the Lafayette Division of the Northern District of Indiana recommended a special master be appointed to deal with the pending cases, and a ruling is anticipated. The patient compensation fund says that without a special master, disposing of the cases could take five to 13 years if all went to trial.

– Dave Stafford


AG: Parts of immigration law can’t stand - IL Rehearing "Indiana's immigraiton law reeling" July 6-19, 2012

Indiana Attorney General Greg Zoeller said July 31 that a recent U.S. Supreme Court decision that struck down most of a tough Arizona law will impact a similar immigration law signed by Gov. Mitch Daniels in 2011.

“Certain portions of the state law cannot stand,” Zoeller said in a statement announcing that provisions of SEA 590 allowing warrantless arrests cannot be defended.

Zoeller filed a brief to that effect in an ACLU case, Buquer v. Indianapolis, 1:11-CV-0708, in U.S. District Court for the Southern District of Indiana.

“… the Attorney General recognizes the constitutional infirmities inherent in a warrantless arrest for a removal order, a notice of action, or the commission of an aggravated felony that would subject the arrestee to removal,” Zoeller wrote in the brief. “The Attorney General will submit the issue to the Court with the recommendation that a warrantless arrest under those circumstances is unconstitutional.”

The ACLU suit also challenged SEA 590’s criminalization of the use of consular-issued identification cards. Zoeller said an inference from Arizona, et al. v. United States, 11-182, that this portion of the law should be struck down was an improper reading of the SCOTUS decision.

“While the use of consular identification cards was not addressed in Arizona, (the state recognizes) the substantial questions about how far the Indiana legislature may go to criminalize purely private behavior … and how far the pre-emption doctrine can go toward defining what identification a State may recognize as valid for public and governmental purposes,” Zoeller wrote in the filing, leaving the question open for the court.

Zoeller also is defending the law in another case, Union Benefica Mexicana v. State, 2:11-CV-00482, in the U.S. District Court for the Northern District of Indiana, which challenges two sections of the law: one that allows the Department of Workforce Development to file civil actions against employers for reimbursement of unemployment insurance if they knowingly employed illegal immigrants; and a second that prohibits someone from performing day labor without filing an attestation of employment authorization.

Zoeller said he will continue to defend that case in light of the Arizona ruling, but no brief has been filed in that matter because the case has been stayed.•

– Dave Stafford

Rehearings: Updates on issues previously reported in Indiana Lawyer. For copies of the original story, call our circulation department at 317-636-0200 with the title of the article and the issue date listed. Fee is $5 per story.


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  1. I had a hospital and dcs caseworker falsify reports that my child was born with drugs in her system. I filed a complaint with the Indiana department of health....and they found that the hospital falsified drug screens in their investigation. Then I filed a complaint with human health services in Washington DC...dcs drug Testing is unregulated and is indicating false positives...they are currently being investigated by human health services. Then I located an attorney and signed contracts one month ago to sue dcs and Anderson community hospital. Once the suit is filed I am taking out a loan against the suit and paying a law firm to file a writ of mandamus challenging the courts jurisdiction to invoke chins case against me. I also forwarded evidence to a u.s. senator who contacted hhs to push an investigation faster. Once the lawsuit is filed local news stations will be running coverage on the situation. Easy day....people will be losing their jobs soon...and judge pancol...who has attempted to cover up what has happened will also be in trouble. The drug testing is a kids for cash and federal funding situation.

  2. (A)ll (C)riminals (L)ove (U)s is up to their old, "If it's honorable and pro-American, we're against it," nonsense. I'm not a big Pence fan but at least he's showing his patriotism which is something the left won't do.

  3. While if true this auto dealer should be held liable, where was the BMV in all of this? How is it that the dealer was able to get "clean" titles to these vehicles in order to sell them to unsuspecting consumers?

  4. He has refused his Assent to Laws, the most wholesome and necessary for the public good. He has forbidden his Governors to pass Laws of immediate and pressing importance, He has erected a multitude of New Offices, and sent hither swarms of Officers to harrass our people, and eat out their substance. He has combined with others to subject us to a jurisdiction foreign to our constitution, and unacknowledged by our laws; giving his Assent to their Acts of pretended Legislation: For imposing Taxes on us without our Consent: He is at this time transporting large Armies of foreign Mercenaries to compleat the works of death, desolation and tyranny, already begun with circumstances of Cruelty & perfidy scarcely paralleled in the most barbarous ages, and totally unworthy the Head of a civilized nation.. He has excited domestic insurrections amongst us, and has endeavoured to bring on the inhabitants of our frontiers, the merciless [ ] Savages, whose known rule of warfare, is an undistinguished destruction of all ages, sexes and conditions. GOD BLESS THE GOVERNORS RESISTING! Count on the gutless judiciary to tie our children down and facilitate the swords being drawn across their throats. Wake Up America ...

  5. Its a valid lawsuit. Since the civil war, States have no rights anyways. Get over it, people! You are all subjects now and merely "citizens of the world" anyways, with human rights and all that. Gov'nor knows that. This is just grandstanding to try and appease the red state troops still smarting over the "Gay rights" shoved down their unwilling throats. Gotta keep them "voting" in the kayfabe elections! After all, since nobody cares about the tens of millions of Mexicans here, what's a few Syrians going to do, anyways? Guess we'll find out! LOL