Mealeys

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Mealey's Elder Law - U.S. Supreme Court Will Not Consider Case Involving Vesting Of Retiree Benefits
Posted on 15 Oct 2019 by Mealeys

WASHINGTON, D.C. - The U.S. Supreme Court on Oct. 15 denied review of an Eighth Circuit U.S. Court of Appeals ruling reversing and remanding a lower federal court's amended opinion that granted a motion for preliminary injunction filed by a class... Read More

Tags: Elder Law

Mealey's Elder Law - Expert's Opinions Pared In Suit Over Elderly Woman's Treatment By Association
Posted on 14 Oct 2019 by Mealeys

LAS VEGAS - Only one of an expert witness's eight opinions on the level of care provided to an octogenarian survived a motion to strike Oct. 11 when a Nevada federal judge ruled that most of the opinions about the conduct of a senior living community... Read More

Tags: Elder Law

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 - Judge Dismisses Nursing Home Residents' Medicaid Action Against Illinois Officials
Posted on 11 Oct 2019 by Mealeys

CHICAGO - A federal judge in Illinois on Oct. 8 dismissed for failure to state a claim a putative class action brought by nursing home residents who allege that Illinois health officials have violated the Medicaid Act and other laws by failing to deduct... Read More

Tags: Elder Law

Mealey's Elder Law - U.S. Supreme Court Won't Hear Either Appeal In Family's Probate Dispute
Posted on 9 Oct 2019 by Mealeys

WASHINGTON, D.C. - The U.S. Supreme Court on Oct. 7 denied two petitions for certiorari filed by family members of an estate who claim that the North Dakota Supreme Court deprived them of their property without due process (Rodney Hogen, et al. v. Steven... Read More

Tags: Elder Law

Mealey's Elder Law - Massachusetts High Court Hears Arguments On Wrongful Death Questions
Posted on 7 Oct 2019 by Mealeys

BOSTON - The Massachusetts Supreme Court heard oral arguments on Oct. 4 in the matter of two questions certified to it from the First Circuit U.S. Court of Appeals concerning whether a beneficiary's wrongful death claim is derivative or independent... Read More

Tags: Elder Law

Mealey's Elder Law - California Appellate Panel Upholds Class Denial In Retirement Benefits Dispute
Posted on 30 Sep 2019 by Mealeys

SAN JOSE, Calif. - A California city's employee who claims that she was misclassified as a "temporary" employee for years, resulting in less preferential retirement benefits, failed to show that her case should proceed as a class action... Read More

Tags: Elder Law

Mealey's Elder Law - EEOC Announces $458,000 Jury Verdict Against AZ Metro For 2 Older Workers
Posted on 27 Sep 2019 by Mealeys

NEW YORK - A New York federal jury returned a $458,000 verdict for the Equal Employment Opportunity Commission in an age discrimination case against AZ Metro Distributors LLC, the EEOC announced Sept. 26 (Equal Employment Opportunity Commission v. AZ... Read More

Tags: Elder Law

Mealey's Elder Law - Nursing Facilities' Suit Challenging New Investigative Rules For Complaints Dismissed
Posted on 27 Sep 2019 by Mealeys

NEW YORK - A federal judge in New York on Sept. 24 dismissed for lack of subject matter jurisdiction a complaint filed by 31 skilled nursing facilities seeking pre-enforcement review of a final rule promulgated by the Centers for Medicare and Medicaid... Read More

Tags: Elder Law

Mealey's Elder Law - Split 6th Circuit Finds Jury Should Hear Trade Show Manager's Age Bias Claim
Posted on 26 Sep 2019 by Mealeys

CINCINNATI - A former trade show manager who was allegedly terminated as part of a reorganization must be permitted to present her age bias claim before a jury, a split Sixth Circuit U.S. Court of Appeals panel ruled Sept. 24, finding the former employee... Read More

Tags: Elder Law

Mealey's Elder Law - Judge: Woman Can File Amended RICO Complaint In Estate Dispute
Posted on 26 Sep 2019 by Mealeys

NEW HAVEN, Conn. - A federal judge in Connecticut on Sept. 23 granted a woman who accuses her younger brother of running their father's estate "as his personal piggy bank" leave to file a second amended complaint to conform to a Second Circuit... Read More

Tags: Elder Law

Mealey's Elder Law - Operators Of Bond Scheme Ordered To Pay $813,000 Disgorgement, Civil Penalties
Posted on 19 Sep 2019 by Mealeys

AUSTIN, Texas - A federal judge in Texas on Sept. 17 ordered the operators of a "death put" bond investment scheme to pay nearly $813,000 in disgorgement, prejudgment interest and civil penalties to the Securities and Exchange Commission after... Read More

Tags: Elder Law

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 - 1st Circuit: 2013 Claim For 2006 Tax Refund By Son With Durable POA Was Untimely
Posted on 19 Sep 2019 by Mealeys

BOSTON - A son's attempt to collect on behalf of his father's estate a 2006 tax refund in 2013 was untimely as he had durable power of attorney (DPA) at the time the taxes were to be timely filed, a First Circuit U.S. Court of Appeals panel ruled... Read More

Tags: Elder Law

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