US District Court WDTX Docket Feed

Bushansky v. Sell — Venue Transfer Granted to W.D. Tex.

The United States District Court for the Southern District of Ohio transferred Stephen Bushansky's stockholder derivative action to the Western District of Texas, Austin Division. The transfer was granted under the first-to-file doctrine and 28 U.S.C. § 1404(a), consolidating it with a related consolidated putative securities class action and a consolidated derivative action already pending in W.D. Tex. The plaintiff, an Agilon stockholder since its 2021 IPO, alleged Exchange Act violations including Section 10(b) and Rule 10b-5 against agilon health's board members, executives, and private equity firm CD&R Vector Holdings, L.P.

Phap Anh Le v. Midland Credit Management Inc. - Multiple Claims Dismissed Without Prejudice

The US District Court for the Western District of Texas adopted Magistrate Judge Susan Hightower's report and recommendation regarding Defendant Midland Credit Management, Inc.'s motion to dismiss plaintiff Phap Anh Le's second amended complaint. The court granted the motion in part, dismissing without prejudice eleven counts including claims under the FDCPA, FCRA, negligence, defamation, RICO, Texas Deceptive Trade Practices Act, Texas Identity Theft Enforcement and Protection Act, invasion of privacy, and California consumer credit statutes. The motion was denied in all other respects, and the case was closed.

Loyola Medical Center Wins Motion to Dismiss FCA Claims

The US District Court for the Western District of Texas granted Loyola University Medical Center's Motion to Dismiss, dismissing relator Patrek Chase's False Claims Act allegations for failure to state a claim upon which relief can be granted. Chase, who worked at Loyola from October 2020 to May 2022, alleged that Loyola double-billed Medicare by charging costs for pre-transplant services directly to Medicare and also including those costs on its cost report for reimbursement, and that Loyola included other improper and inflated costs on its Medicare cost report. Both the United States and the State of Texas declined to intervene in the action before the Court permitted the filing of the Second Amended Complaint.