Mealeys

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Mealey's Elder Law - 2nd Circuit: Worker Who Accepted Severance After RIF Can't Bring Age Bias Claims
Posted on 11 Jul 2019 by Mealeys

NEW YORK - The severance package a worker accepted following a reduction-in-force (RIF) barred his subsequent claims of age discrimination, a Second Circuit U.S. Court of Appeals panel ruled July 9, rejecting the worker's claims that the separation... Read More

Tags: Elder Law

Mealey's Elder Law - 6th Circuit Affirms No New Trial After Verdict For Board In Age Bias Suit
Posted on 10 Jul 2019 by Mealeys

CINCINNATI - A Tennessee federal court didn't err when it excluded testimony in an age bias lawsuit and then denied a motion for a new trial following a jury verdict for the employer in the lawsuit brought by a former educator, a Sixth Circuit U.S... Read More

Tags: Elder Law

Mealey's Elder Law - Judge Finds Fired Employees Spoliated Evidence, Dismisses Age Discrimination Suit
Posted on 9 Jul 2019 by Mealeys

FORT SMITH, Ark. - Two employees fired for data security flaws failed to establish that their terminations were due to age discrimination, an Arkansas federal judge ruled July 3, granting summary judgment to their former employer after also finding that... Read More

Tags: Elder Law

Mealey's Elder Law - Employer To High Court: ADEA Covers Only Employees, Not Applicants
Posted on 2 Jul 2019 by Mealeys

WASHINGTON, D.C. - The U.S. Supreme Court should not take up an appeal addressing the reach of the Age Discrimination in Employment Act (ADEA) as all circuits that have addressed the issue agree that the ADEA covers only employees, not job applicants... Read More

Tags: Elder Law

Mealey's Elder Law - Age Bias Collective, Class Claims Against Volkswagen Survive Motion To Dismiss, Strike
Posted on 2 Jul 2019 by Mealeys

CHATTANOOGA, Tenn. - A federal judge in Tennessee on June 28 denied a motion by two Volkswagen subsidiaries to dismiss or strike age discrimination collective and class claims filed by an American worker following a reorganization and public statements... Read More

Tags: Elder Law

Mealey's Elder Law - Maryland Appeals Panel Finds No Agency Relationship Between Father, Daughter
Posted on 2 Jul 2019 by Mealeys

ANNAPOLIS, Md. - The Maryland Court of Special Appeals on June 27 vacated a trial court's ruling granting a nursing home's motion to compel arbitration of a woman's survival action suit, finding that an arbitration provision in the admission... Read More

Mealey's Elder Law - U.S. Supreme Court Won't Review Dispute Over Taxing Trusts
Posted on 2 Jul 2019 by Mealeys

WASHINGTON, D.C. - The U.S. Supreme Court on June 28 denied a petition for a writ of certiorari filed by Cynthia Bauerly, the commissioner of the Minnesota Department of Revenue, who asked that the high court find that the state be allowed to tax the... Read More

Mealey's Elder Law - U.S. High Court Will Decide Limited Federal-Sector Age Bias Question
Posted on 28 Jun 2019 by Mealeys

WASHINGTON, D.C. - The U.S. Supreme Court on June 28 granted a petition for a writ of certiorari filed by a U.S. Department of Veterans Affairs pharmacist, but limited it to a question on the required proof of age bias under the Age Discrimination in... Read More

Tags: Elder Law

Mealey's Elder Law - Nursing Home Sued For Distribution Of Elder Resident's Nude Photo
Posted on 28 Jun 2019 by Mealeys

BUTLER, Pa. - A former female resident of a senior living facility on June 25 filed a complaint in a Pennsylvania court, accusing the staff of taking a photo of her nude and then distributing that photo on social media (R.K., as attorney-in-fact for S... Read More

Tags: Elder Law

Mealey's Elder Law - Alabama High Court Says It Lacks Jurisdiction To Hear Estate Dispute Over Property
Posted on 26 Jun 2019 by Mealeys

MONTGOMERY, Ala. - Absent a final judgment in a family dispute over estate-administration, the Alabama Supreme Court on June 21 held that it lacked jurisdiction to decide a trial court's dismissal of a sibling's counterclaim seeking a percentage... Read More

Tags: Elder Law

Mealey's Elder Law - Georgia High Court Vacates Denial Of Anti-SLAPP Motion In False Advertising Dispute
Posted on 25 Jun 2019 by Mealeys

ATLANTA - In a dispute over deceptive trade practices and false advertising allegations against a law firm regarding its advertisements to patients of nursing homes, the Georgia Supreme Court on June 24 vacated a trial court's denial of an anti-SLAPP... Read More

Tags: Elder Law

Mealey's Elder Law - 5th Circuit: Court, Not Arbitrator Must Decide Unconscionability Challenge
Posted on 21 Jun 2019 by Mealeys

NEW ORLEANS - A federal court in Mississippi erred when it referred a disagreement in an age bias lawsuit over the conscionability of an arbitration agreement's formation to an arbitrator as Mississippi law dictates that a court must decide, a Fifth... Read More

Tags: Elder Law

Mealey's Elder Law - California Appeals Panel: Funeral Home Protected From Liability In Cremains Dispute
Posted on 21 Jun 2019 by Mealeys

LOS ANGELES - A California funeral home is protected from liability in a dispute between siblings and a girlfriend over a California man's remains under the safe harbor provisions of California's Health and Safety Code Sections 7100(f) and 7111... Read More

Mealey's Elder Law - Unanimous High Court Says State Cannot Tax In-State Trust Beneficiaries
Posted on 21 Jun 2019 by Mealeys

WASHINGTON, D.C. - The U.S. Supreme Court on June 21 affirmed a North Carolina high court decision that the state could not tax in-state beneficiaries of a trust for undistributed income, holding that the trust did not have minimum contacts with the state... Read More

Mealey's Elder Law - Probate Court Abused Discretion Over Protective Order For Wife's Estate
Posted on 20 Jun 2019 by Mealeys

LANSING, Mich. - A probate court abused its discretion by issuing a protective order requiring that an institutionalized man's income be paid to his wife and terminating his rights to his wife's estate, a Michigan appeals panel held June 18 (In... Read More