• Man Bites Dog Story: Fraudsters Arbitration Attempts Stopped

    Arbitration Stayed for Suspected Chiropractors’ Fraudulent No Fault Medical Claims

    Post 4921

    Read the full article at https://www.linkedin.com/pulse/man-bites-dog-story-fraudsters-arbitration-attempts-zalma-esq-cfe-5yw6c, see the full video at and at and at https://zalma.com/blog.

    In Government Employees Insurance Company, (“GEICO”) v. Didier Demesmin, M.D., et al, No. 23-CV-6191 (ARR) (MMH), United States District Court, E.D. New York (October 23, 2024) GEICO sought to enjoin defendants Manuel A. Mendoza, D.C. and Mendoza Chiropractic Office PC (collectively the “Mendoza Defendants”) from pursuing certain “no-fault” insurance collection arbitrations or initiating new collections proceedings during the pendency of this lawsuit.

    BACKGROUND

    GEICO provides personal injury protection benefits on a “no-fault” basis, which means that, after an accident, insured drivers and their passengers are entitled to certain benefits for medically necessary healthcare services regardless of who was at fault.

    GEICO sued a group of healthcare providers who allegedly carried out an insurance scheme to obtain fraudulent no-fault benefit payments from GEICO. The USDC granted the motion based on its conclusion that (1) GEICO would experience irreparable harm absent a stay, (2) GEICO raised a serious question going to the merits, and (3) the balance of hardships tipped in GEICO’s favor.

    Subsequently, GEICO requested leave to file a second amended complaint to add allegations concerning the Mendoza defendants which was granted.

    In total, GEICO seeks recovery of more than $5.9 million in wrongfully obtained benefits payments from the three groups of defendants, as well as a declaration that it is not obligated to reimburse defendants for outstanding no-fault claims.

    After filing the second amended complaint, GEICO filed the present motion seeking an order staying all pending no-fault benefits arbitrations between GEICO and the Mendoza defendants and enjoining the Mendoza defendants from commencing new collections proceedings during the pendency of this action.

    DISCUSSION

    GEICO Will Experience Irreparable Harm Absent A Stay.

    Irreparable harm is certain and imminent harm for which a monetary award does not adequately compensate. the risk of inconsistent judgments in no-fault insurance disputes can constitute irreparable harm separate and apart from the expenditure of time and money spent on parallel proceedings. As with the parallel proceedings brought by the Demesmin and Khanan defendants, the risk of inconsistent outcomes is great enough to establish irreparable harm.

    GEICO established irreparable harm because permitting arbitrations to proceed will subject it to a risk of judgments that may be inconsistent with future judicial rulings.

    GEICO Has Shown At Least Some Serious Questions Going To The Merits, And The Balance Of Hardships Tips In Its Favor.

    GEICO’s amended complaint details a complex scheme of fraudulent billing and referrals among a network of chiropractic providers. GEICO’s allegations concerning the Mendoza defendants’ role are well developed through numerous examples of charges billed without proper documentation or under suspicious circumstances and a table of more than 45,000 suspect claims.

    The balance of hardships also tips in GEICO’s favor because the Mendoza defendants have not established any hardship, beyond a delay in reimbursement. Because the defendants will presumably be entitled to collect interest on their pending claims if they prevail, the delay does not outweigh the risk of inconsistent outcomes faced by GEICO.

    A Stay Does Not Violate The Anti-Injunction Act.

    The Anti-Injunction Act (“AIA”) prohibits federal courts from enjoining proceedings in state court “except as expressly authorized by Act of Congress, or where necessary in aid of its jurisdiction, or to protect or effectuate its judgments.” 28 U.S.C. § 2283. The AIA does not, however, limit the court’s authority to enjoin ongoing private arbitration proceedings or the court’s authority to enjoin defendants from initiating future state court proceedings.

    GEICO’s motion was granted and a preliminary injunction was issued: staying all pending no-fault insurance collection arbitrations that have been Commenced against GEICO by or on behalf of the Mendoza defendants, pending the disposition of GEICO’s claims in this action, and enjoining the Mendoza defendants and anyone acting on their behalf from commencing new no-fault arbitrations and litigations against GEICO pending the disposition of GEICO’s claims in this action.

    ZALMA OPINION

    The USDC, and other courts dealing with No-Fault auto insurance claims, has acted to help insurers defeat attempted insurance fraud – a crime in each state like New Jersey – which became necessary because state prosecutors seemed to ignore the crimes reported to them by insurers like GEICO. It is essential that insurers be proactive against fraud to shame the insurance fraud investigators in each state to do their job and prosecute the fraud perpetrators. Every insurer, faced with such fraud, should emulate GEICO.

    (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
    Man Bites Dog Story: Fraudsters Arbitration Attempts Stopped Arbitration Stayed for Suspected Chiropractors’ Fraudulent No Fault Medical Claims Post 4921 Read the full article at https://www.linkedin.com/pulse/man-bites-dog-story-fraudsters-arbitration-attempts-zalma-esq-cfe-5yw6c, see the full video at and at and at https://zalma.com/blog. In Government Employees Insurance Company, (“GEICO”) v. Didier Demesmin, M.D., et al, No. 23-CV-6191 (ARR) (MMH), United States District Court, E.D. New York (October 23, 2024) GEICO sought to enjoin defendants Manuel A. Mendoza, D.C. and Mendoza Chiropractic Office PC (collectively the “Mendoza Defendants”) from pursuing certain “no-fault” insurance collection arbitrations or initiating new collections proceedings during the pendency of this lawsuit. BACKGROUND GEICO provides personal injury protection benefits on a “no-fault” basis, which means that, after an accident, insured drivers and their passengers are entitled to certain benefits for medically necessary healthcare services regardless of who was at fault. GEICO sued a group of healthcare providers who allegedly carried out an insurance scheme to obtain fraudulent no-fault benefit payments from GEICO. The USDC granted the motion based on its conclusion that (1) GEICO would experience irreparable harm absent a stay, (2) GEICO raised a serious question going to the merits, and (3) the balance of hardships tipped in GEICO’s favor. Subsequently, GEICO requested leave to file a second amended complaint to add allegations concerning the Mendoza defendants which was granted. In total, GEICO seeks recovery of more than $5.9 million in wrongfully obtained benefits payments from the three groups of defendants, as well as a declaration that it is not obligated to reimburse defendants for outstanding no-fault claims. After filing the second amended complaint, GEICO filed the present motion seeking an order staying all pending no-fault benefits arbitrations between GEICO and the Mendoza defendants and enjoining the Mendoza defendants from commencing new collections proceedings during the pendency of this action. DISCUSSION GEICO Will Experience Irreparable Harm Absent A Stay. Irreparable harm is certain and imminent harm for which a monetary award does not adequately compensate. the risk of inconsistent judgments in no-fault insurance disputes can constitute irreparable harm separate and apart from the expenditure of time and money spent on parallel proceedings. As with the parallel proceedings brought by the Demesmin and Khanan defendants, the risk of inconsistent outcomes is great enough to establish irreparable harm. GEICO established irreparable harm because permitting arbitrations to proceed will subject it to a risk of judgments that may be inconsistent with future judicial rulings. GEICO Has Shown At Least Some Serious Questions Going To The Merits, And The Balance Of Hardships Tips In Its Favor. GEICO’s amended complaint details a complex scheme of fraudulent billing and referrals among a network of chiropractic providers. GEICO’s allegations concerning the Mendoza defendants’ role are well developed through numerous examples of charges billed without proper documentation or under suspicious circumstances and a table of more than 45,000 suspect claims. The balance of hardships also tips in GEICO’s favor because the Mendoza defendants have not established any hardship, beyond a delay in reimbursement. Because the defendants will presumably be entitled to collect interest on their pending claims if they prevail, the delay does not outweigh the risk of inconsistent outcomes faced by GEICO. A Stay Does Not Violate The Anti-Injunction Act. The Anti-Injunction Act (“AIA”) prohibits federal courts from enjoining proceedings in state court “except as expressly authorized by Act of Congress, or where necessary in aid of its jurisdiction, or to protect or effectuate its judgments.” 28 U.S.C. § 2283. The AIA does not, however, limit the court’s authority to enjoin ongoing private arbitration proceedings or the court’s authority to enjoin defendants from initiating future state court proceedings. GEICO’s motion was granted and a preliminary injunction was issued: staying all pending no-fault insurance collection arbitrations that have been Commenced against GEICO by or on behalf of the Mendoza defendants, pending the disposition of GEICO’s claims in this action, and enjoining the Mendoza defendants and anyone acting on their behalf from commencing new no-fault arbitrations and litigations against GEICO pending the disposition of GEICO’s claims in this action. ZALMA OPINION The USDC, and other courts dealing with No-Fault auto insurance claims, has acted to help insurers defeat attempted insurance fraud – a crime in each state like New Jersey – which became necessary because state prosecutors seemed to ignore the crimes reported to them by insurers like GEICO. It is essential that insurers be proactive against fraud to shame the insurance fraud investigators in each state to do their job and prosecute the fraud perpetrators. Every insurer, faced with such fraud, should emulate GEICO. (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
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  • And following THIS METHOD I'll guarantee you end up healthier
    than those twits going to the "Doctor"

    Is it just ME???
    Or have you noticed that everyone wearing a white coat
    is some sort of Butcher too?

    #freemasonic Butchers who wear white coats

    1.) Actual Butchers possibly NOT Freemasons, but who knows
    2.) Scientists who claim you live on a spinning ball & "Safe & Effective"
    3.) Doctors who claim to be "Baffled" by all of the people dropping dead
    4.) How about those Shrinks? Playing with people's minds / writing scripts

    The white coats are a symbol. Outwardly it's a "professional"

    Someone you have been brainwashed to trust! A "person of authority"
    I think it's another kind of symbol too. A Free masonic duality thing
    Almost a calling card. Representing the white side, the "good side of evil"

    On the opposite side of freemasonry you have the dreaded Black Coats!
    Well.... "Robes" actually. A bunch of morons in black dresses and make decisions for the rest of us AND about us!

    They create and enforce rules,
    THEY READ STUFF AND DECLARE IT'S MEANING FOR YOU

    Like the Constitutution, THEY TELL YOU what it means!
    We ALL know what is SAYS! But according to them,
    that is not WHAT IT MEANS

    And duality is now complete.

    So bring in the Blue Coats and enforce all of this madness on the People
    against their will, and you have America!

    They'll take 1/2 of your paycheck to pay for it too!

    And they'll get another piece of what you have left
    by taxing what you buy with it! Ahhhhhhh Freedom! you gotta love it
    And following THIS METHOD I'll guarantee you end up healthier than those twits going to the "Doctor" Is it just ME??? Or have you noticed that everyone wearing a white coat is some sort of Butcher too? #freemasonic Butchers who wear white coats 1.) Actual Butchers possibly NOT Freemasons, but who knows 2.) Scientists who claim you live on a spinning ball & "Safe & Effective" 3.) Doctors who claim to be "Baffled" by all of the people dropping dead 4.) How about those Shrinks? Playing with people's minds / writing scripts The white coats are a symbol. Outwardly it's a "professional" Someone you have been brainwashed to trust! A "person of authority" I think it's another kind of symbol too. A Free masonic duality thing Almost a calling card. Representing the white side, the "good side of evil" On the opposite side of freemasonry you have the dreaded Black Coats! Well.... "Robes" actually. A bunch of morons in black dresses and make decisions for the rest of us AND about us! They create and enforce rules, THEY READ STUFF AND DECLARE IT'S MEANING FOR YOU Like the Constitutution, THEY TELL YOU what it means! We ALL know what is SAYS! But according to them, that is not WHAT IT MEANS And duality is now complete. So bring in the Blue Coats and enforce all of this madness on the People against their will, and you have America! They'll take 1/2 of your paycheck to pay for it too! And they'll get another piece of what you have left by taxing what you buy with it! Ahhhhhhh Freedom! you gotta love it
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    Meanwhile on planet Earth.....
    The Talk is a colloquial expression for a conversation black parents in the United States feel compelled to have with their children and teenagers about the dangers they face due to racism or unjust treatment from authority figures, law enforcement or other parties, and how to de-escalate them. Meanwhile on planet Earth.....
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  • https://thewashingtonstandard.com/dr-david-martin-if-were-going-to-have-a-voice-of-moral-authority-we-better-earn-it-video/
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    https://t.me/davidavocadowolfe/143630 RFK Jr. Flips the Script on CommieHoe’s Lies About Trump Using the Military on the Public (1 min, 40 sec): The Biden-Harris regime expanded domestic military authority to include lethal force. The Department of Defense now has the power to step in and use lethal force within U.S. borders, even against its own citizens, when it deems lives are at risk.
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  • "We the People, don’t need to wait for our corrupt federally elected officials to overcome their Deep States masters and pass meaningful election reform laws that actually defend the sanctity of the ballot box. All we need are sheriffs with balls..."

    ORIGINAL CONTENT:
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    READ, SUBSCRIBE, SHARE & EDUCATE: PROTECT FREE SPEECH

    #VoterFraud #VoteFraud #ElectionInterference #Sheriff #Sheriffs #AmericanFifthColumn #Government #Biden #Harris #Marxism #Election2024 #Election #Disinformation #Media #MAGA #GOP #Podcast #Constitution #USA #Woke #Democrats #Politics #News #Truth
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  • "We the People, don’t need to wait for our corrupt federally elected officials to overcome their Deep States masters and pass meaningful election reform laws that actually defend the sanctity of the ballot box. All we need are sheriffs with balls..."

    ORIGINAL CONTENT:
    https://www.undergroundusa.com/p/there-is-one-authority-that-can-save

    READ, SUBSCRIBE, SHARE & EDUCATE: PROTECT FREE SPEECH

    #VoterFraud #VoteFraud #ElectionInterference #Sheriff #Sheriffs #AmericanFifthColumn #Government #Biden #Harris #Marxism #Election2024 #Election #Disinformation #Media #MAGA #GOP #Podcast #Constitution #USA #Woke #Democrats #Politics #News #Truth
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    There Is One Authority That Can Save The Election from Voter Fraud
    LISTEN NOW | As we get down to brass tacks where the issue of the election and voter fraud is concerned, many people are asking what can be done to reduce the chances of voter fraud taking place and, especially, what we can do to make sure that none of the 10 million to 20 million illegals immigrants now in our country vote illegally in our election.
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  • "We the People, don’t need to wait for our corrupt federally elected officials to overcome their Deep States masters and pass meaningful election reform laws that actually defend the sanctity of the ballot box. All we need are sheriffs with balls..."
    https://www.undergroundusa.com/p/there-is-one-authority-that-can-save
    "We the People, don’t need to wait for our corrupt federally elected officials to overcome their Deep States masters and pass meaningful election reform laws that actually defend the sanctity of the ballot box. All we need are sheriffs with balls..." https://www.undergroundusa.com/p/there-is-one-authority-that-can-save
    WWW.UNDERGROUNDUSA.COM
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    LISTEN NOW | As we get down to brass tacks where the issue of the election and voter fraud is concerned, many people are asking what can be done to reduce the chances of voter fraud taking place and, especially, what we can do to make sure that none of the 10 million to 20 million illegals immigrants now in our country vote illegally in our election.
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  • "We the People, don’t need to wait for our corrupt federally elected officials to overcome their Deep States masters and pass meaningful election reform laws that actually defend the sanctity of the ballot box. All we need are sheriffs with balls..."

    ORIGINAL CONTENT:
    https://www.undergroundusa.com/p/there-is-one-authority-that-can-save

    READ, SUBSCRIBE, SHARE & EDUCATE: PROTECT FREE SPEECH

    #VoterFraud #VoteFraud #ElectionInterference #Sheriff #Sheriffs #AmericanFifthColumn #Government #Biden #Harris #Marxism #Election2024 #Election #Disinformation #Media #MAGA #GOP #Podcast #Constitution #USA #Woke #Democrats #Politics #News #Truth
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    WWW.UNDERGROUNDUSA.COM
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