Insurer Properly Sanctioned for Failure to Obey Court Order It is Never Proper to Fail to Comply With Court Order Post 4937 Read the full article at https://www.linkedin.com/pulse/insurer-properly-sanctioned-failure-obey-court-order-barry-vefvc, see the full video at and at and at https://zalma.com/blog plus more than 4900 posts. Insurer Privilege Underwriters took its name too far trying to obtain privileges from the Arkansas Court of Appeals to which it was not entitled and acted contumaciously by disobeying the Circuit Court’s discovery order. In Privilege Underwriters Reciprocal Exchange v. Brandon Adams, No. CV-23-474, 2024 Ark.App. 571, Court of Appeals of Arkansas, Division I (November 20, 2024) the circuit court granted appellee Brandon Adams’s motion to enforce court order and motion for sanctions, imposed a “sanction fee in the amount of $5,000” against appellant Privilege Underwriters Reciprocal Exchange (“Privilege”), and awarded Adams $2,500 in attorneys’ fees and costs under Arkansas Rule of Civil Procedure 37; denied Privilege’s motion for summary judgment; and denied Privilege’s motion for protective order, which sought to bar Adams from taking any depositions. FACTS In an insurance-coverage action in which Adams sued Privilege, his insurer, for failing to provide him a defense in a lawsuit filed against Adams and several other individuals and entities. Privilege answered Adams’s coverage complaint denying that it owed Adams a duty to defend the lawsuit and asserting a number of the subject policies’ exclusions as affirmative defenses to coverage. Adams served written discovery on Privilege. Privilege responded with objections and inadequate responses to Adams’s discovery requests. Adams moved to compel Privilege to respond and produce documents and the Court of Appeals ordered Privilege respond and to pay Adams’s attorneys’ fees and costs in the amount of $2,000. Privilege produced its supplemental interrogatory answers and supplemental privilege log on March 2, 2022 but did not comply with the circuit court’s discovery order. Contrary to the court’s order Privilege refused to amend its privilege log, provide full and complete answers to Adams’s interrogatories, or produce any witnesses for deposition, and instead, Privilege moved for summary judgment. Adams then filed his “Motion to Enforce Court Order and Motion for Sanctions and Incorporated Brief” on April 25, 2022. On December 20, 2022, the circuit court held a hearing on Adams’s motion for sanctions and Privilege’s motions for summary judgment and for protective order. The circuit court announced that it would sanction Privilege for its failure to comply with the circuit court’s February 2022 discovery order. From the bench, the circuit court made specific findings that Privilege had failed to comply with the provisions of that order requiring Privilege to amend its privilege log to provide sufficient information to allow the circuit court and Adams to evaluate Privilege’s claims of attorney-client privilege and work-product protection and to fully answer Adams’s interrogatories. TO ESTABLISH CONTEMPT Generally, in order to establish contempt, there must be willful disobedience of a valid order of a court. Contempt is a matter between the court and the litigant, and not between the two opposing litigants. Before one can be held in contempt for violating the court’s order, the order must be definite in its terms, clear as to what duties it imposes, and express in its commands. Contempt is divided into criminal contempt and civil contempt. The standard of review on appeal depends on whether the contempt sanction was civil or criminal in nature. The circuit court imposed a fine and fees that were to be paid to Adams. A contempt fine for willful disobedience that is payable to the complainant is remedial and therefore constitutes a fine for civil contempt. Privilege refused to comply with a valid discovery order from the circuit court because Privilege disputed Adams’s entitlement to the discovery underlying that order. Instead, Privilege moved for summary judgment, attempting to render moot that prior discovery order. The circuit court rightly held Privilege in contempt for its willful disobedience of the circuit court’s February 2022 discovery order and imposed a fine of $5,000. Once the February 2022 discovery order was entered, Privilege was required to comply with that order, not question the propriety of that order or when Privilege should comply with it. The circuit court was unequivocal in finding at the December 2022 hearing that it was sanctioning Privilege for its violation of the February 2022 discovery order. The circuit court then went on to explain that Privilege had disobeyed its February 2022 order by failing to provide contact information for the witnesses identified in response to Interrogatory No. 1 and by failing to provide a privilege log with sufficient information to allow the circuit court and Adams to evaluate the claim of attorney-client privilege and work-product protection. Thus, the Court of Appeals held that the circuit court did not clearly err in holding Privilege in contempt. The circuit court had ample authority to use its contempt powers to enforce its February 2022 discovery order. ZALMA OPINION This order must be more than embarrassing to Privilege and to the insurance industry. Parties to litigation are not entitled to refuse to fulfill an order of the court. Regardless of the name of the insurer it had no special privileges and must fulfill the order to the letter and pay the sanctions including the extra sanctions placed by the Court of Appeals. (c) 2024 Barry Zalma & ClaimSchool, Inc. 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://barryzalma.substack.com/subscribe Go to X @bzalma; Go to Newsbreak.com https://www.newsbreak.com/@c/1653419?s=01; Go to Barry Zalma videos at Rumble.com at https://rumble.com/account/content?type=all; Go to Barry Zalma on YouTube- https://www.youtube.com/channel/UCysiZklEtxZsSF9DfC0Expg Go to the Insurance Claims Library – https://lnkd.in/gwEYk

Patriots – Remain Stirred-Up to Implement MAGA! https://tinyurl.com/5ykfnjkj SUMMARY: … I’m going to share three of those inbox posts that might seem unrelated except for one thing: TRUMP WON! Not only did Trump win, but it was a MAGA MANDATE win… TAKE A LOOK and remained stirred-up my fellow Patriots. President Elect Trump faces the hurdles of Electoral Certification on 1/6/25 and Cabinet Post and Executive Branch Confirmations… --READ & WATCH! #PatriotsStirred #ImplementMAGA

VIDEO - LEGAL MANEUVERS TRUMP CAN USE TO GET THE WAY AROUND THE CONFIRMATION PROCESS TO PLACE HIS NOMINEES IN FUNCTION (CLICK ON THE LINK, NOT ON THE PHOTO)-----> https://wimkin.com/video/play/435194

Pentagon UFO office testifies to US Senate today. Watch it live here (video) News In a new report released, the office says it has "no indication or confirmation" that UFO reports are "attributable to foreign adversaries." https://www.youtube.com/shorts/YRNjGv9DAgA

Absolutely it is! This is a fantastic documentary that could be 110% better if it's creators were aware of (Or did not hide) the FACT that the earth is an ENCLOSED SYSTEM, and is FLAT & STATIONARY! If you believe in what your bible tells you, I want you to open to PAGE 1, GENESIS 1, and read down to verse 10! YHWH "separated the waters from the waters." Genesis 6 And God said, Let there be a firmament in the midst of the waters, and let it divide the waters from the waters. Genesis 7 And God made the firmament, and divided the waters which were under the firmament from the waters which were above the firmament: and it was so. There are several misleading parts within this documentary, like when the man claims that during creation "We now have a water ball in space." WHERE IS THAT IN THE TEXT??? No folks, "space" does not exist, #NASA is a Satanic organization of deception, and the earth is FLAT and STATIONARY just like the bible tells you it is! COUNT THE NUMBER OF TIMES YOUR BIBLE SAYS "The earth shall not be moved" Go and count them! Count how many times your bible says the earth has "foundations." This documentary would be perfect if it told the TRUTH about our earth being a flat and stationary PLANE and the Sun, Moon, and stars are "Lights in the sky" (within the firmament) just like the bible tells us it is. I respect the creators of this documentary, they could just be brainwashed into believing in "Space" and all of that nonsense, just like the rest of us were! But I have found that Hollywood and "Science so-called" always uses deception in this area. There is no demonstrable "curvature" to the earth's surface. This ALONE proves without a shadow of a doubt that the earth is flat! Don't believe me? I challenge you to "Prove the #Globe" you believe in! That is what I tried to do, and is why now I know the TRUTH.... That there is no proof to the claim the earth is a sphere! It's all a Satanic LIE. It is likely "The great delusion" spoken of in your bible! Have a blessed day and READ YOUR BIBLE! Go check out Rob Skiba's "Testing the Globe" website, there is a lot of information there! Most importantly though... PRAISE YHWH and admire His perfect Creation! A living Testament to His greatness and power! Walk in His statutes and be humble! https://youtu.be/UM82qxxskZE

Permanent Punishment for Conviction for One Ounce of Cocaine Improper Government Overreach and Abuse Reversed Post 4927 Read the full article at https://www.linkedin.com/pulse/permanent-punishment-conviction-one-ounce-cocaine-zalma-esq-cfe-geq1c, see the full video at and at and at https://zalma.com/blog plus more than 4900 posts. After Recovery From Cocaine Abuse Dr. Regained License to Practice CMS Refused to Allow Dr. White to Bill Medicare for Services Dr. Stephen White challenged two unfavorable decisions made by the Secretary for the United States Department of Health and Human Services (the “Secretary”) that denied and revoked his Medicare enrollment. The decisions, rendered by the Appellate Division of the Departmental Appeals Board (“Board”), were based on Dr. White’s 2010 guilty plea and deferred prosecution for possession of less than 1 gram of cocaine, which occurred in Texas in 2007. In Stephen White, M.D. v. Xavier Becerra, Secretary for the United States Department of Health and Human Services, No. 2:19-CV-00037-SAB, United States District Court, E.D. Washington (October 28, 2024) the USDC applied entered a judgment reversing the decision of the Secretary [42 U.S.C. § 405(g).] SUMMARY JUDGMENT Summary judgment is appropriate if the movant shows that there is no genuine dispute as to any material fact. BACKGROUND Dr. White is an orthopedic surgeon. In 2006 and 2007, he was arrested and charged with possession of cocaine in Texas. He was able to rehab and become clean of his problem with the drug. The Texas Medical Board revoked his license, but then monitored his recovery and compliance and allowed him to practice again. Dr. White had no violations for nine years following his arrest. He is currently practicing medicine in Washington state and is an enrolled Medicare supplier. The Administrative Law Judge (ALJ) sustained the denial, finding that CMS had a legitimate basis because Dr. White was convicted of a felony offense. The Board affirmed the ALJ’s decision and Dr. White appealed that decision to the USDC. OVERVIEW OF MEDICARE PROGRAM The Medicare program provides health insurance benefits to people sixty-five years old or older and to eligible disabled persons. Suppliers, such as Dr. White, must be enrolled in the Medicare program and be granted billing privileges to be eligible to receive payment for care and services rendered to a Medicare-eligible beneficiary. DENIALS CMS may deny a supplier’s enrollment for any reason stated in federal statutes that allow that CMS may deny a provider’s or supplier’s enrollment in the Medicare program for the some of the following reasons: Felonies such as insurance fraud and similar crimes. REVOCATIONS The ALJ found CMS had a legitimate basis because White was convicted of a felony offense that CMS determined to be detrimental to the bests interest of the Medicare program and its beneficiaries. Dr. White’s presented equitable arguments to the ALJ that 1 he self-reported and was not practicing; 2 using his self-report to deny would encourage other physicians to not self-report, 3 he has fully complied with the terms of the modified license, and eventually he was allowed to practice medicine without limitations. The Board affirmed the ALJ’s decision, upholding CMS’ denial of Dr. White’s Medicare enrollment and rejected Dr. White’s argument that the timing of the revocation action by CMS was clearly retaliatory and intended to apply pressure on Dr. White for additional monetary penalties. ANALYSIS The USDC found CMS’ decisions to deny Dr. White enrollment in Medicare and revoke his privileges, and the subsequent Board’s affirmations were arbitrary and capricious and not supported substantial evidence. CMS did not have a legitimate reason to deny enrollment or revoke because the record does not support CMS’ assertions that Dr. White’s 2010 conviction for simple possession of a small amount of cocaine was detrimental to the best interest of the Medicare program and its beneficiaries. The USDC understood the deference it owed to administrative agencies as they adjudicate numerous complex cases before them. Yet, a court may not simply act as a rubber stamp for agency decisions. Because CMS failed to provide a reasonable basis for denying Dr. White his enrollment in Medicare or revoking his Medicare privileges, the decision of the Secretary is reversed. ZALMA OPINION A doctor should never get involved or addicted to illegal substances like Cocaine. The Fact that a doctor self reports his involvement with the drug, was rehabilitated, clean for nine years, and practices medicine legally, does not pose a danger to Medicare as do those doctors who are arrested every year for fraud. The decision of Becerra, the ALJ and the Board was clearly retaliatory and abusive and the USDC had no choice but to reverse the Board and let the doctor continue to practice medicine and charge Medicare for his services. Overreach by the administrative agency was stopped by the court. (c) 2024 Barry Zalma & ClaimSchool, Inc. 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://barryzalma.substack.com/subscribe Go to X @bzalma; Go to Newsbreak.com https://www.newsbreak.com/@c/1653419?s=01; Go to Barry Zalma videos at Rumble.com at https://rumble.com/account/content?type=all; Go to Barry Zalma on YouTube- https://www.youtube.com/channel/UCysiZklEtxZsSF9DfC0Expg Go to the Insurance Claims Library – https://lnkd.in/gwEYk

HAN SOLO VOTES FOR KAMALA I've told you... ALL of #Hollywood are #Satanic scumbags! Including Han Solo But then again..... What else would you expect from a guy who creates #Propaganda to make you believe in a fairytale like "space?" The earth is an enclosed system, and has a #Firmament above! NOTHING is getting out (Or in) Nobody cares WHO you vote for! They only care that you continue voting to be RULED! https://old.bitchute.com/video/QjXaWcIHxYAI/

Judicial Watch sues Oregon to force state to remove ineligible voters from voter rolls https://justthenews.com/nation/states/judicial-watch-sues-oregon-force-state-remove-ineligible-voters-voter-roll The lawsuit targets Oregon Secretary of State LaVonne Griffin-Valade, and claims the state has the "highest known inactive registration rate of any state in the nation," according to Judicial Watch. Conservative watchdog Judicial Watch on Wednesday announced a lawsuit against the state of Oregon, that would force it to remove ineligible voters from its voter rolls, as mandated by the National Voter Registration Act. The voting act requires states to make a "reasonable effort" to remove voters who have either died or changed residences from their voter rolls. The voters are removed if they fail to respond to address confirmation notices, and do not vote in two consecutive federal general elections. The lawsuit targets Oregon Secretary of State LaVonne Griffin-Valade, and claims the state has the "highest known inactive registration rate of any state in the nation," according to a Judicial Watch news release. The lawsuit alleges that 29 of the state's 36 counties have removed few or no voter registrations, and that the state has registration rates exceeding 100%. “Dirty voter rolls can mean dirty elections,” Judicial Watch President Tom Fitton said in a statement. “Oregon has among the dirtiest voting rolls in America and needs to clean them up ASAP!” Judicial Watch has led other efforts to clean up voter rolls in New York, California, Pennsylvania, Colorado, North Carolina, Kentucky and Ohio. Altogether the efforts have resulted in the purging of up to four million ineligible voters, the group said. Misty Severi is an evening news reporter for Just The News. You can follow her on X for more coverage.

THE SECRET COMMONWEALTH: THE HIDDEN WORLD THEY DON’T WANT YOU TO KNOW - DOCUMENTARY 2024 PAUL WALLIS While I do not doubt "non human entities" living alongside mankind and manipulating us from the shadows... People MUST realize that these are NOT "Aliens" they are DEMONS! The Earth is an enclosed system, there is absolutely NO WAY for "Aliens" to get here! "Space" is fake, and there's nothing above you but the #Firmament and the "waters above." and your creator! EVERY "UFO Investigator" in history, which spent decades researching "alien encounters" and UFO's will tell you the exact same thing... That we are dealing with demons and demonic activity! https://old.bitchute.com/video/je5skieLj5vc/

This hasn’t been the first time women’s well-being and possibly their lives have been placed in danger in athletic fighting competitions and all in the name of transgender affirmation. https://au.sports.yahoo.com/ebanie-bridges-blasts-policy-allowing-transgender-women-compete-female-boxing-024904694.html Two years ago, a female MMA contestant received serious head-injuries in a match against a transgender who was admitted into the women’s MMA division. It is a blessing that she wasn’t killed. If this persists, it may be time for women involved in both boxing and MMA to form their own independent women’s divisions for their own safety. Granted that in sports such as this, there is always a chance of an athlete male or female, risking the possibility of serious injury or even death (death being rare) but those are risks that participants knowingly take, but allowing men claiming to be women to compete against female fighters exposes women involved in these kind of sports to unnecessary dangers. https://www.sportskeeda.com/mma/news-when-transgender-fighter-fallon-fox-broke-opponent-s-skull-mma-fight