Amanda S. Marshall
Former U.S. Attorney
(Local Counsel)
Lynette Byrd
Former Assistant
U.S. Attorney
Roger Bach
Former Special
Agent
(OIG & DEA)
Joe Brown
Former U.S. Attorney
Dr. Nick Oberheiden
Attorney & Founder
What is a Declaratory Judgment?
Oberheiden, P.C. healthcare-fraud-defense.com Direct: 888-680-1745 Explanation & Examples. Under Chapter 37 of the Texas Civil Practice and Remedies Code, a party is entitled to seek a declaratory judgment from a Texas state court to “settle and afford relief from uncertainty and insecurity with respect to rights, status, and other legal...
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Seeking Third Party Discovery In Texas
Oberheiden, P.C.www.healthcare-fraud-defense.comDirect: 888-680-1745Occasionally, there will be information needed to prosecute or defend a civil case that is not in the possession, custody, or control of either party. In that case, third party discovery can make the difference in proving the relevant facts so that you win the case.The Law. Rule...
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What Are Grounds for Texas Jurisdiction?
Oberheiden, P.C.healthcare-fraud-defense.comDirect: 888-680-1745The Situation. Frequently, businesses or people receive a citation telling them they have been sued in Texas, even though they and their business are located in another state. Alternatively, a Texas resident may have been wronged by a person living in another state and wonder whether they can...
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The Use of Special Exceptions in Texas Litigation
Dr. Nick Oberheiden, Esq.www.healthcare-fraud-defense.com888-680-1745Call Us on WeekendsIntroduction. A common response to a petition in Texas state courts is to file “special exceptions,” claiming that the petition cannot be answered unless it is amended and clarified. To be sure, if you have been sued, but honestly cannot determine what you are...
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Defending Toxicology Labs in False Claims Act Cases
Dr. Nick Oberheiden, Esq. www.healthcare-fraud-defense.com 888-680-1745 Available on Weekends Toxicology laboratories have become prime targets of government investigations. Although many laboratories consciously segregate their commercial and their federal payors, federal authorities nonetheless more and more take the position that these labs violated federal law. This approach is not undisputed and...
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What is a Rule 202 in Texas Litigation?
Dr. Nick Oberheiden, Esq.www.healthcare-fraud-defense.com888-680-1745Call Us on WeekendsThe Law. One often-overlooked procedural tool in a Texas attorney’s toolbox is a pre-suit deposition under Rule 202 of the Texas Rules of Civil Procedure. That rule provides: “A person may petition the court for an order authorizing the taking of a deposition on...
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The Goal of a Motion for Summary Judgment in Federal Court
Dr. Nick Oberheiden, Esq.www.healthcare-fraud-defense.com888-680-1745Call Us on WeekendsIn many federal cases, your attorney will choose to file a motion for summary judgment under Rule 56 of the Federal Rules of Civil Procedure. Often, both sides file competing motions for summary judgment. Such a motion is granted “if the movant shows that...
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3 Motions To Expect In Federal Civil Litigation
Oberheiden, P.C. healthcare-fraud-defense.com 888-680-1745 Including Weekends When clients think of civil litigation, they often think primarily of the trial at the end of the process. However, before getting to trial, it is important to hire an attorney who can best guide the court to narrow the factual and legal issues...
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Choosing The Proper Venue In Texas
Last Updated: 2023-03-05 Oberheiden, P.C. healthcare-fraud-defense.com888-680-1745Including Weekends The Law It is often said that the plaintiff has their choice of venue. Of course, this simple statement is not entirely true. While the plaintiff may file their suit in any court where the venue is proper, other considerations may result in...
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