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January 2015 Archives

TRIAL COURT APPLIES INCORRECT LEGAL STANDARD REGARDING MODIFICATION OF PARENTING PLAN

In the case of Teven A., No. M2013-02519-COA-R3-JV, (Tenn. Ct. App., Dec. 29, 2014), Father appeals the Juvenile Court on issues of child support. Son was born to Mother and Father in 2005. Mother and Father were not married. In November of 2005, a parenting schedule was set by the Juvenile Court. Father was granted one visitation day every-other-week, along with four weeks of summer vacation. Christmas and other holidays were to be alternated. Father was then ordered to pay $703.00 per month for child support. Mother and Father reconciled for a short time in 2008 and terminated the order for child support. In January of 2011, an Agreed Order was entered with the Juvenile Court, once again setting child support payments. This order required the Father to pay $276.00 per month and to provide medical insurance for the child. 

Doctor and Wife Allegedly Responsible for 7 Overdose Deaths at "Pill Mill" in Ohio

Dayton, Ohio - In December of 2014, David Kirkwood, 59, and Beverly Kirkwood, 47, were indicted on numerous counts of conspiracy, distributing prescription pills, and health care fraud. Federal Agents raided the couple's office in October on suspicion that the location was being used at a "pill mill," providing controlled substances in large amounts to gain a profit. Some of the medications provided by the clinic include diazepam, carisoprodol, methadone, opana, hydrocodone, oxycodone, and alprazolam. It is alleged that Dr. Kirkwood provided prescriptions to known drug addicts and distributors for $100 a visit. Drugs prescribed by Dr. Kirkwood were dispensed in Ohio, Florida, Kentucky, Oklahoma, South Carolina, Tennessee, Texas and West Virginia. The indictment reports 7 drug-overdose deaths that occurred after being prescribed pills by Dr. Kirkwood, all of which occurred within a month of receiving the prescription. David and Beverly are scheduled to be arraigned Dec. 30. 

Care All Companies pay $25 Million to Settle False Claims Act Allegations

According to a press release from the Department of Justice, Care All Management LLC and its affiliates have agreed to pay $25 million plus interest to the United States and the State of Tennessee to resolve allegations that Care All violated the False Claims Act by submitting false healthcare billings to Medicare and Medicaid. This settlement resolves allegations that between 2006 and 2013, Care All overstated the severity of patients' conditions to increase billings and billed for services that were not medically necessary. 

Tennessee Man Sentenced to 20 Years in Federal Prison for Child Pornography

On Aug. 28, 2014, Springfield resident Jason Mikula, 36, pled guilty to the receipt and possession of child pornography. Mikula had been previously convicted in 2005 on charges of aggravated sexual battery of a young child, as well as exploitation of a minor, and was on lifetime supervision with the state. Investigators found that after his release from the state penitentiary in August of 2012, he began collecting sexually explicit images of young children. 

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Mr. McKellar was voted by his peers as a “Top Attorney” by Knoxville’s CityView magazine in its 2010, 2011, 2012, 2013, 2014, and 2015 editions. In 2014, 2015, and 2016, Mr. McKellar was selected as a member of the “Top 100 Trial Lawyers” by the National Trial Lawyers.

Ms. Easter was voted by her peers as a “Top Attorney” in Cityview Magazine for Family Law / Divorce / Child Support in 2012, 2013, 2014, 2015 and 2016.

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