Mealeys

Recent Posts

Mealey's Elder Law - Man Sentenced To 20 Years In Prison For $37M Health Care Fraud Scheme
Posted on 17 Sep 2019 by Mealeys

MIAMI - A federal judge in Florida on Sept. 12 sentenced a man to 20 years in prison for his role in a $37 million health care fraud scheme that began in 1998 and involved bribing physicians to have patients entered into a network of assisted living facilities... Read More

Tags: Elder Law

Mealey's Elder Law - Iowa Appellate Panel: Daughter Didn't Breach Duties In Hiring Care For Mother
Posted on 16 Sep 2019 by Mealeys

DES MOINES, Iowa - A daughter who used untrained caregivers to take care of her mother in her mother's home until her death did not violate Iowa law and the son who challenged the care after his mother died failed to show that the care his mother... Read More

Tags: Elder Law

Mealey's Elder Law - Nebraska Panel Finds No Undue Influence In Execution Of Later Will
Posted on 12 Sep 2019 by Mealeys

NORTH PLATTE, Neb. - A Nebraska appellate panel on Sept. 10 affirmed a lower court's ruling that a deceased woman's 2011 will was properly executed, rejecting the arguments of one of her sons, who claimed that the will was the product of undue... Read More

Tags: Elder Law

Mealey's Elder Law - Massachusetts High Court Hears Arguments On Assisted Living Fees
Posted on 12 Sep 2019 by Mealeys

BOSTON - The Massachusetts Supreme Judicial Court on Sept. 9 heard oral arguments from both sides in a dispute over an assisted living facility's collection of up-front fees from residents beyond those outlined in Massachusetts law on security deposits... Read More

Tags: Elder Law

Mealey's Elder Law - 11th Circuit: New Trial Needed In Suit Debating Terminal Illness Diagnoses
Posted on 11 Sep 2019 by Mealeys

ATLANTA - An 11th Circuit U.S. Court of Appeals panel on Sept. 9 vacated a federal judge in Alabama's sua sponte decision to award summary judgment to a nursing facility accused of submitting claims to Medicare for the treatment of elderly patients... Read More

Tags: Elder Law

Mealey's Elder Law - West Virginia High Court Upholds Ruling On Probate Assets, Value Calculations
Posted on 10 Sep 2019 by Mealeys

CHARLESTON, W.Va. - A county commission was correct to find that jointly held accounts were probate assets, to order present day value calculations of the probate assets and to charge missing probate assets against a former executrix's distribution... Read More

Tags: Elder Law

Mealey's Elder Law - Nursing Homes Sue U.S. Health Department Over Use Of Arbitration Agreements
Posted on 9 Sep 2019 by Mealeys

FAYETTEVILLE, Ark. - Two nursing homes on Sept. 4 sued the U.S. Department of Health and Human Services (HHS) and the Centers for Medicare and Medicaid Services (CMS) and their respective secretary and administrator in an Arkansas federal court, alleging... Read More

Tags: Elder Law

Mealey's Elder Law - Predeceased Spouse's Siblings Are Not Entitled To Estate Under Intestate Succession Statute
Posted on 30 Aug 2019 by Mealeys

SAN FRANCISCO - In a dispute over inheritance rights between a decedent's statutory heirs and siblings of the decedent's predeceased spouse, a California appeals panel on Aug. 27 upheld a lower court's judgment rejecting the siblings'... Read More

Tags: Elder Law

Mealey's Elder Law - Contractor Denied Judgment On Pleadings In Nursing Home's Breach Of Contract Case
Posted on 30 Aug 2019 by Mealeys

DETROIT - On remand from the Sixth Circuit U.S. Court of Appeals, a federal judge in Michigan on Aug. 28 denied a kitchen services contractor's motion for judgment on the pleadings on a nursing home's breach of contract claim stemming from the... Read More

Tags: Elder Law

Mealey's Elder Law - Health Department Citations Admissible In Nursing Home Case, Louisiana Panel Affirms
Posted on 23 Aug 2019 by Mealeys

LAKE CHARLES, La. - A Louisiana trial court did not err in allowing patients in a nursing home malpractice and wrongful death case to introduce into the record deficiency reports made by the state health department because although the records may be... Read More

Tags: Elder Law

Mealey's Elder Law - California Panel Rejects Rehearing, Mandate Request In Health Code Case
Posted on 22 Aug 2019 by Mealeys

SAN FRANCISCO - A California appellate panel in an Aug. 21 order modifying its opinion and denying a request for rehearing rejected a nonprofit nursing home rights advocate's request that it order the trial court on remand to issue a mandate requiring... Read More

Tags: Elder Law

Mealey's Elder Law - Google Will Pay $11M To End Age Discrimination Collective Action
Posted on 20 Aug 2019 by Mealeys

SAN JOSE, Calif. - A settlement agreement under which Google LLC will pay $11 million to end a collective action complaint accusing the employer of discriminating against older job applicants was granted final approval on Aug. 15 by a federal judge in... Read More

Mealey's Elder Law - Panel: Life-Estate Interests Not Available To Elderly Woman For Medical Benefit Eligibility
Posted on 15 Aug 2019 by Mealeys

MINNEAPOLIS - The Minnesota Court of Appeals on Aug. 12 affirmed a lower court's ruling that the value of non-homestead life-estate interests held by an elderly woman's community spouse is not considered available to the woman for purposes of... Read More

Tags: Elder Law

Mealey's Elder Law - 4th Circuit Vacates Forum- Selection Clause Ruling In Nursing Care Class Suit
Posted on 14 Aug 2019 by Mealeys

RICHMOND, Va. - A district court erred when it failed to follow an appellate panel's instructions to treat the enforceability of a forum-selection clause at issue in a class suit accusing a nursing home of mistreatment as an affirmative defense to... Read More

Tags: Elder Law

Mealey's Elder Law - 2nd Circuit: Honeywell Must Continue Providing Retiree Medical Benefits
Posted on 8 Aug 2019 by Mealeys

NEW YORK - A Second Circuit U.S. Court of Appeals panel on Aug. 7 affirmed a trial court's order finding that Honeywell plant workers who retired before an effects bargaining agreement (EBA) expired are entitled to vested lifetime medical benefits... Read More

Tags: Elder Law