Mealeys

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Mealey's Elder Law - EEOC Sues Connecticut Hospital Over 'Late Career' Eye, Neuropsychological Tests
Posted on 13 Feb 2020 by Mealeys

NEW HAVEN, Conn. - The Equal Employment Opportunity Commission on Feb. 11 sued a Connecticut hospital in federal court, claiming that its policy requiring individuals 70 and older to undergo ophthalmologic and neuropsychological examinations when seeking... Read More

Tags: Elder Law

Mealey's Elder Law - Magistrate Recommends Denying Dismissal Of Class Action Over Reverse Mortgages
Posted on 10 Feb 2020 by Mealeys

NEW YORK - A federal magistrate judge on Feb. 5 recommended denying dismissal of a class action suit brought by an elderly woman who claims that the holder of a reverse mortgage prematurely paid property taxes on her home, finding that she sufficiently... Read More

Tags: Elder Law

Mealey's Elder Law - Wife Lacked Authority To Enter Arbitration Agreements, Pennsylvania Panel Affirms
Posted on 10 Feb 2020 by Mealeys

HARRISBURG, Pa. - A Pennsylvania Superior Court panel in two separate Feb. 6 opinions affirmed a lower court's denial of motions to enforce arbitration agreements in a multidefendant nursing home negligence case, finding in both instances that the... Read More

Tags: Elder Law

Mealey's Elder Law - 5th Circuit Reinstates Estate's Suit Challenging Seizure Of Man's Dog
Posted on 7 Feb 2020 by Mealeys

NEW ORLEANS - The estate of a Mississippi man who died after he sued to challenge a city's seizure of his dog that allegedly escaped while the man was being transported to the hospital may proceed with the lawsuit, a Fifth Circuit U.S. Court of Appeals... Read More

Mealey's Elder Law - Volkswagen Agrees To Policy Changes To Settle Age Bias Collective, Class Claims
Posted on 6 Feb 2020 by Mealeys

CHATTANOOGA, Tenn. - A federal judge in Tennessee on Feb. 3 granted preliminary approval of a collective and class action settlement of age bias charges against Volkswagen Aktiengesellschaft (Volkswagen AG) and its subsidiaries through which the employer... Read More

Tags: Elder Law

Mealey's Elder Law - Dispute Over Secondary Payer Payment Settlement Dismissed In Michigan
Posted on 6 Feb 2020 by Mealeys

DETROIT - A Michigan federal judge on Feb. 3 agreed with the Centers for Medicare & Medicaid Services (CMS) that a declaratory judgment action stemming from a 2012 fungal meningitis outbreak must be dismissed for lack of subject matter jurisdiction... Read More

Tags: Elder Law

Mealey's Elder Law - Vice Chancellor Dismisses Claims Over $395M Dividends In Fraud Suit Against Insurer
Posted on 4 Feb 2020 by Mealeys

WILMINGTON, Del. - A Delaware vice chancellor on Jan. 31 dismissed as untimely a class's claim under the Delaware Uniform Fraudulent Transfer Act (DUFTA) regarding $395 million in dividends that a long-term care insurer paid from 2012 to 2014 (Richard... Read More

Tags: Elder Law

Mealey's Elder Law - Dismissal Of Negligence Suit Against County-Owned Nursing Home Appealed
Posted on 4 Feb 2020 by Mealeys

ALLENTOWN, Pa. - A Pennsylvania man filed a notice of appeal on Jan. 30 after his lawsuit against a county-owned nursing home for the death of his mother was dismissed on Jan. 22 when a federal judge determined that the negligence and wrongful death claims... Read More

Tags: Elder Law

Mealey's Elder Law - Arkansas Appellate Panel Rules 'Ambiguity' Makes Arbitration Agreement Invalid
Posted on 3 Feb 2020 by Mealeys

LITTLE ROCK, Ark. - An Arkansas appellate panel on Jan. 29 affirmed a lower court in finding that a nursing home cannot compel arbitration of a lawsuit filed by the daughter of a former resident as no arbitration agreement was validly formed, finding... Read More

Tags: Elder Law

Mealey's Elder Law - Mississippi High Court Orders Transfer Of Building Sale's Proceeds To Estate
Posted on 3 Feb 2020 by Mealeys

JACKSON, Miss. - The Mississippi Supreme Court on Jan. 30 ordered a chancery court judge to transfer money in a registry of the court to a woman's estate, finding that the lower court abused its discretion by continuing to hold the funds after a conservatorship... Read More

Tags: Elder Law

Mealey's Elder Law - Florida Panel Reinstates Rule Changes Regulating Assisted Living Facilities
Posted on 31 Jan 2020 by Mealeys

TALLAHASSEE, Fla. - A Florida appellate panel on Jan. 29 reversed an administrative law judge's (ALJ's) ruling invalidating seven amendments to rules governing assisted living facilities (ALFs) in the state, finding that the Department of Elder... Read More

Tags: Elder Law

Mealey's Elder Law - More Briefs Sought In Dispute Over Out-Of- Pocket Nursing Home Costs
Posted on 30 Jan 2020 by Mealeys

HARTFORD, Conn. - A class of Medicare recipients and the Secretary of Health and Human Services (HHS) were asked by a federal judge in Connecticut on Jan. 28 to brief a new series of questions in a lawsuit over out-of-pocket costs for admission to a skilled... Read More

Tags: Elder Law

Mealey's Elder Law - Panel Reverses Denial Of Motion To File Amended Complaint In Elder Abuse Case
Posted on 30 Jan 2020 by Mealeys

LOS ANGELES - A trial judge used an incorrect timing computation regarding the two-year statute of limitations for a motion to amend, a California appeals panel held Jan. 27, reversing the denial of a family's motion for leave to file a second amended... Read More

Tags: Elder Law

Mealey's Elder Law - Arizona Panel Affirms Nursing Home Negligence Case Not Subject To Arbitration
Posted on 30 Jan 2020 by Mealeys

PHOENIX - An Arizona panel in a Jan. 28 unpublished opinion affirmed a lower court's denial of a motion to compel arbitration in a negligence case against a nursing home, finding that claims related to a resident's death after falling out of her... Read More

Tags: Elder Law

Mealey's Elder Law - Minnesota Panel: Social Media Post Is Not A Health Record
Posted on 29 Jan 2020 by Mealeys

ST. PAUL, Minn. - A senior living community worker's disparaging social media post about a resident did not constitute a "health record" because it contained no information about her medical condition, a Minnesota appeals panel ruled Jan... Read More

Tags: Elder Law