Nicholas DeMario

Nick’s client, a small family-run medical practice, provided advanced venous/stasis ulcer treatment to a number of patients. The client utilized amnion cells, skin substitutes, and other proliferative and inflammatory phase venous/stasis ulcer treatment products to heal these otherwise stalled wounds. Medicare, after initially making the payments for these products/services, later denied coverage because it deemed them “not reasonable and necessary” compared to more traditional wound care treatment options. The client was subsequent issued a significant overpayment notice requiring the client to pay it all back. Nick filed a notice of appeal with the Office of Medicare Hearings and Appeals to have the case heard by an administrative law judge. Nick and the client attended the ALJ wherein Nick successfully argued the client’s case, and the ALJ subsequently issued a fully favorable decision for the client and vacated the overpayment decision.

Plaintiff filed an action against a national retailer for targeting after they refused him service and requested police issue an order that he no longer enter the store. Nick filed a Motion to Dismiss based on Indiana Trial Rule 12(B)(6) for failure to state a claim upon which relief can be granted. Plaintiff failed to amend his Complaint within the time period required by the Trial Rules, and the Court set the matter for hearing. At oral argument, Nick stated that, on the face of the Complaint, Plaintiff’s allegations against the retailer were not cognizable claims recognized in Indiana, and that constitutional provisions give a private business the right to refuse service to a single individual customer in this case’s particular circumstance. Nick further argued that the Court lacked jurisdiction to order any equitable relief, and because the Plaintiff’s Complaint was silent as to any monetary damages, the Complaint should be dismissed in full. The Court agreed, and entered an order dismissing the case.

Plaintiff filed a small claims action for dental malpractice against a dental group and dentist for alleged substandard treatment related to dental work performed on their son. During trial, at the close of Plaintiff’s case, Nick moved for a directed verdict based on the Plaintiff’s failure to provide any expert testimony that Defendants treatment fell below the standard of care. The Court denied the motion, and Nick tried the remainder of the case. At the conclusion of trial, Nick renewed his Motion, and after taking the matter under advisement for nearly two months, the Court ultimately granted judgment in favor of the Defendants.

Obtained Summary Judgment on behalf of client car dealership and General Manager on customer allegations of race discrimination, breach of Magnuson Moss Warranty Act, and breach of the Indiana Deceptive Practices Act.

Defended retailer against traditional claims of negligence/premises liability.

Obtained a defense verdict in a small claims action for dental malpractice against a dental group and dentist for alleged substandard treatment related to making and fitting of dentures. 

Successful representation of private entity before the South Bend Human Rights Commission and Equal Employment Opportunity Commission on employee claims of race and sex discrimination.