Mealeys

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Mealey's Elder Law - Georgia Appeals Panel Upholds $1.5M Wrongful Death Verdict Against Nursing Home
Posted on 14 Oct 2019 by Mealeys

ATLANTA - A Georgia appeals court panel on Oct. 10 affirmed a judge's ruling ordering a nursing home to pay 20 percent of a $7.6 million wrongful death verdict, finding that the trial court judge did not err when denying the plaintiffs' motion... Read More

Mealey's Elder Law - Class Action Against Assisted Living Company Should Continue, Plaintiffs Say
Posted on 19 Sep 2019 by Mealeys

NASHVILLE, Tenn. - Class claims alleging that Brookdale Senior Living Inc. violates state consumer protection statutes by promising but failing to provide care based on residents' assessed care needs should not be stricken and the complaint should... Read More

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 - Nursing Home Advocacy Group Asks Panel To Clarify Directions For Lower Court
Posted on 8 Aug 2019 by Mealeys

SAN FRANCISCO - A nonprofit entity advocating for the rights of nursing home patients on Aug. 5 petitioned a California appeals panel for a rehearing to clarify that the case is to be remanded for entry of a modified judgment, directing the issuance of... Read More

Mealey's Elder Law - Kansas High Court Tolls Statute Of Limitations For Will Found Out-Of-Time
Posted on 7 Aug 2019 by Mealeys

TOPEKA, Kan. - A will maintained by a Kansas district court but not found until after the statute of limitations expired for petitioning a will for probate should be admitted to probate, the Kansas Supreme Court ruled Aug. 2, cautioning that its holding... Read More

Mealey's Elder Law - 6th Circuit: Estate Does Not Have To Arbitrate Claims Against Nursing Home
Posted on 6 Aug 2019 by Mealeys

CINCINNATI - Finding that arbitration rests on consent and that there was no consent to arbitration by a deceased nursing home resident, the Sixth Circuit U.S. Court of Appeals on Aug. 2 affirmed that the deceased's estate does not have to arbitrate... Read More

Mealey's Elder Law - Panel: No Error In Confirming Arbitration Award In Family Dispute Over Property
Posted on 2 Aug 2019 by Mealeys

HOUSTON - A trial court did not err in compelling arbitration between a wife and step-son, who held a durable power of attorney for the husband, based on an arbitration clause in a premarital agreement, a Texas appeals panel affirmed July 30, also upholding... Read More

Mealey's Elder Law - 9th Circuit Affirms No Arbitration Of Suit Over Senior Living Staffing Levels
Posted on 29 Jul 2019 by Mealeys

SAN FRANCISCO - Aegis Senior Communities LLC, a company operating senior living communities that has been accused of defrauding residents by misrepresenting staffing levels, waived its right to arbitration of a class complaint after withdrawing its motion... Read More

Mealey's Elder Law - Nursing Homes Must Adopt Procedures For Decisions Without Person With Legal Authority
Posted on 25 Jul 2019 by Mealeys

SAN FRANCISCO - Noting merit to a lower court's conclusion that California Health and Safety Code Section 1418.8, which allows nursing facilities to make decisions for incapacitated nursing residents without someone with legal authority, is constitutionally... Read More

Mealey's Elder Law - New Jersey Panel Orders New Trial Over Attorney's Handling Of Estate
Posted on 22 Jul 2019 by Mealeys

TRENTON, N.J. - A New Jersey appeals panel on July 18 ordered a new trial over whether an attorney was liable for legal malpractice when planning the estate of an Alzheimer's patient who was being unduly influenced by her granddaughter, finding that... Read More

Mealey's Elder Law - Proposed Class Representatives Say Being On Waitlist Is An Injury
Posted on 19 Jul 2019 by Mealeys

TALLAHASSEE, Fla. - A proposed class of Florida residents who say the state's secretary of health care administration and secretary of the department of elder affairs are in violation of the Americans with Disabilities Act (ADA) by placing them on... Read More

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 - 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

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